Ferris v. Ferris
Supreme Court of Vermont
This was an action of Trespass, in which W. H. Mosher was summoned as trustee. The defendant plead in abatement, “ that the writ was issued as a “ writ of attachment, in an action of trespass, and not on contract “ express or implied, as well against the body of the defendant, as “against his goods, chattels or estate; and that the same was “ served by attaching the body of the defendant, when, by the law “ of the land, the plaintiff was not entitled to have such a trustee “…
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This was an action of Trespass, in which W. H. Mosher was summoned as trustee. The defendant plead in abatement, “ that the writ was issued as a “ writ of attachment, in an action of trespass, and not on contract “ express or implied, as well against the body of the defendant, as “against his goods, chattels or estate; and that the same was “ served by attaching the body of the defendant, when, by the law “ of the land, the plaintiff was not entitled to have such a trustee “ writ of attachment against the body of the defendant, nor to at- “ tach or arrest the body of the defendant on such…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
The present trustee act, Comp. Stat. 256, provides, that upon all contracts, express or implied, made since the first day of January, 1839, and upon all contracts where the principal de*102fendant has absconded from, or is resident out of this State, or is concealed within it, a suit may be commenced thereon by a trustee process. This mode of relief is unknown at common law. The remedy itself, the form of the process, and mode of procedure, are given and prescribed by statute, and when adopted, its provisions are to be strictly pursued, and unless…
2Cases cited4 opinions
- Bradley v. Town of RichmondSupreme Court of Vermont · 1834
- Hill v. WhitneySupreme Court of Vermont · 1844
- Emerson v. PaineSupreme Court of Vermont · 1837
- Austin v. GroutSupreme Court of Vermont · 1829
3Cited by7 opinions
- Roy v. PhelpsSupreme Court of Vermont · 1910
- Rindge v. GreenSupreme Court of Vermont · 1879
- Hayden v. Caledonia National BankSupreme Court of Vermont · 1941
- O'Laughlin v. ProckishSupreme Court of Kansas · 1920
- Wright v. GuilmetteSupreme Court of Vermont · 1920
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