Bradley v. Town of Richmond
Supreme Court of Vermont
This was a trustee process, in which the town of Richmond was summoned as the trustee of an absconding or concealed debtor. The' town of Richmond objected that the process would not lie against a town or other political corporation, and moved to dismiss the proceedings. The court decided that the process could not be sustained, and dismissed the suit.
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This was a trustee process, in which the town of Richmond was summoned as the trustee of an absconding or concealed debtor. The' town of Richmond objected that the process would not lie against a town or other political corporation, and moved to dismiss the proceedings. The court decided that the process could not be sustained, and dismissed the suit. To this decision, the' plaintiff made the exception upon which the cause is here presented for further adjudication. — 1st. Corporations stand on the same ground as individuals in respect to the statute directing proceedings against trustees.…
1Opinion of the Court
The opinion of the court was pronounced by
Collamer, J.
— The only question in this case is, Can an action be sustained against a town as trustee of an absconding or concealed debtor ? This depends entirely on the construction of our statute. The statute, among other provisions, requires that the trustee shall appear in proper person, and be put on oath, and answer interrogatories; and if infirm, a commissioner is to be appointed to examine him. The trustee is to give notice to the absconding debt- or, and is admitted to make defence for him, and the form of the oath prescribed to be…
2Cited by8 opinions
- Wallace v. LawyerIndiana Supreme Court · 1876
- Brown v. GatesWest Virginia Supreme Court · 1879
- McLellan v. YoungSupreme Court of Georgia · 1875
- Fortune v. City of St. LouisSupreme Court of Missouri · 1856
- Rindge v. GreenSupreme Court of Vermont · 1879
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