Dolbear v. Town of Hancock
Supreme Court of Vermont
In this case the original writ, which was returnable to the county court, November Term, 1842, was signed by a justice of the peace, and was directed in these words; — “To any sheriff or constable in the state, or to E. I£. •Gladding, constable of Granville ; ” and the service was made by Gladding out of the town of which he was constable.
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In this case the original writ, which was returnable to the county court, November Term, 1842, was signed by a justice of the peace, and was directed in these words; — “To any sheriff or constable in the state, or to E. I£. •Gladding, constable of Granville ; ” and the service was made by Gladding out of the town of which he was constable. At the term at which the case was entered in court the defendants pleaded in abatement, that the writ was not served by any officer or other person by law authorized to serve it. Upon this plea issue was joined; and at the same time the plaintiff moved for…
1Opinion of the Court
Tire opinion of the court was delivered by
Royce, Ch. J.
This case is presented on exceptions taken in the county' court in reference to a plea in abatement. The ground of the plea was, that the writ was served by a person possessing no authority to make the service, either as a public officer, or by special appointment. The direction was to any sheriff or constable, &c., “or to E. K. Gladding, constable of Granville.” The plaintiff moved, that the magistrate, who signed the writ, should be permitted to insert the statute grounds for making a special direction of the writ, and also for…
2Cases cited3 opinions
- Ex parte KelloggSupreme Court of Vermont · 1834
- James M. Chadwick & Co. v. DivolSupreme Court of Vermont · 1837
- Kelly v. ParisSupreme Court of Vermont · 1838
3Cited by4 opinions
- Culver v. BalchSupreme Court of Vermont · 1851
- Riley v. JamesMississippi Supreme Court · 1895
- Bank of Rutland v. ParsonsSupreme Court of Vermont · 1849
- Brooks v. FarrSupreme Court of Vermont · 1878