Barrett v. Seward
Supreme Court of Vermont
Book Account. The writ was served upon the defendant, by attachment of property, by W. G. Edgerton, who was specially deputized by the sheriff by indorsing upon the writ these words, — “I deputize W. G. Edgerton to serve and return this writ. (Signed) J. Edgerton, Sheriff.” The defendant pleaded in abatement, that W. G. Edgerton, at the time he was deputized and made service of the writ, was an infant, under the age of twenty one years. To this plea the plaintiff demurred.
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Book Account. The writ was served upon the defendant, by attachment of property, by W. G. Edgerton, who was specially deputized by the sheriff by indorsing upon the writ these words, — “I deputize W. G. Edgerton to serve and return this writ. (Signed) J. Edgerton, Sheriff.” The defendant pleaded in abatement, that W. G. Edgerton, at the time he was deputized and made service of the writ, was an infant, under the age of twenty one years. To this plea the plaintiff demurred. The county court, November Adj-ourned Term, 1847,- — Hall, J., presiding, — adjudged the plea insufficient. Exceptions-…
1Opinion of the Court
The opinion of the court was delivered by
Hall, J.
There were many offices, requiring the exercise of judgment* discretion and experience, which an infant was by the common law deemed incompetent to execute. But the service of a writ, being a ministerial act, demanding only diligence and skill, there would not appear to be any strong objection to its being done by a minor, unless upon the ground of his want of liability to others for acts done under color of the process.
It is said by Judge Swift, in bis Digest, page 589, that an infant cannot be deputed to serve a writ as an indifferent person,…
2Cited by2 opinions
- Jamesville & Washington Railroad v. FisherSupreme Court of North Carolina · 1891
- Peck v. HayesNew York County Court, Fulton County · 1888