Morse v. Nash
Supreme Court of Vermont
Trustee Process. The writ in this case was dated March 24th, 1856, and described the principal defendant as a resident of Shelburn, in this state. The officer’s return, after stating a service upon each of the trustees in the usual manner, added, “ and on the 18th day of October, 1856,1 left at the last and usual place of abode of the principal debtor, Wm.
Read the full summary
Trustee Process. The writ in this case was dated March 24th, 1856, and described the principal defendant as a resident of Shelburn, in this state. The officer’s return, after stating a service upon each of the trustees in the usual manner, added, “ and on the 18th day of October, 1856,1 left at the last and usual place of abode of the principal debtor, Wm. B. Nash, in this state, in the hands and care of H. Wentworth, then resident therein, and of sufficient discretion to receive the same, a true and attested copy of this writ, with this my return indorsed thereon ; said copy so last left for…
1Opinion of the Court
The opinion of the court was delivered by
Babrett, J.
In this case the defendant pleads in abatement a supposed defect in the service of the writ on him. To this plea the *78plaintiff demurs. The writ and officer’s return thereon, are referred to and made a part of the plea. It is claimed for the defendant that the only mode in which legal service could be made on the defendant, was that prescribed in the 11th section of the chapter on trustee process, in the Compiled Statutes. On the other hand, it is claimed for the plaintiff, that service may not only be made in the mode prescribed in that…
2Cases cited3 opinions
- Ingraham v. LelandSupreme Court of Vermont · 1847
- Landon v. RobertsSupreme Court of Vermont · 1848
- Harvey v. HallSupreme Court of Vermont · 1850
3Cited by3 opinions
- C. Callahan Co. v. Wall Rice Milling Co.Indiana Court of Appeals · 1909
- United States ex rel. Strait v. United States Fidelity & Guaranty Co.Supreme Court of Vermont · 1907
- Smith v. ChaseSupreme Court of Vermont · 1866