Mann v. Holbrook
Supreme Court of Vermont
Trespass on the Case. The plaintiff alleged in his declaration, in substance, that the defendant sued out a writ of attachment against him, returnable before a justice of the peace, and caused it fio be served by attaching his property, and that thereupon the plain-liff made his necessary preparation for the defence of said suit and summoned his witnesses, and, on the return day of the writ, appeared at the time and place set for trial, with his witnesses, and remained there…
Read the full summary
Trespass on the Case. The plaintiff alleged in his declaration, in substance, that the defendant sued out a writ of attachment against him, returnable before a justice of the peace, and caused it fio be served by attaching his property, and that thereupon the plain-liff made his necessary preparation for the defence of said suit and summoned his witnesses, and, on the return day of the writ, appeared at the time and place set for trial, with his witnesses, and remained there more than two hours, but that the defendant did not appear to prosecute his suit, and the magistrate did not appear…
1Opinion of the Court
The-opinion of the court was delivered by
Redfield, J.
This is a demurrer to a declaration, in which the plaintiff in substance alleges, that the defendant sued out a writ against him, returnable before a justice of the peace, and then omitted to enter it, or to appear and obtain a continuance, or to proceed with the suit in any mode.
This court, upon the present circuit, held, that in such a case, where the plaintiff positively suppressed the writ, he was liable to an action on the case for all costs incurred by the defendant in preparing a defence to such suit.* That, in principle, is the same…
2Cases cited1 opinion
- Ives v. WallingfordSupreme Court of Vermont · 1836
3Cited by3 opinions
- Vivianne Jade Washington v. Investigator Hugh HowardCourt of Appeals for the Eleventh Circuit · 2022
- Feltt v. DavisSupreme Court of Vermont · 1876
- Wentworth v. WymanSupreme Judicial Court of Maine · 1888