Ross v. Fuller
Supreme Court of Vermont
Trover for a mare. The defendants pleaded, severally, the general issue, and the defendant, Fuller, gave notice of special matter.
Read the full summary
Trover for a mare. The defendants pleaded, severally, the general issue, and the defendant, Fuller, gave notice of special matter. The defendant, Carpenter, also pleaded, in justification of the taking, that he took the mare by yirtue of a writ of attachment, issued by Henry C. Kimball, a justice of the peace, in favor of the defendant, Fuller, against the plaintiff, which writ the defendant, Carpenter, was, by said justice, duly authorized to serve and return ; that a judgment was rendered by said justice, upon said writ, against the plaintiff in this suit, by default, for $7,12 damages and…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
— The appointment of a special officer to make service of process is a judicial act, which can be exercised only by the authority signing the process. This is fully settled by the case of Beebe v. Steel, 2 Vt. R. 314, and others which have followed it. It must result that the deputation upon the original writ, in this instance, having been signed by the magistrate in blank, and afterwards, without his direction or knowledge, filled up by a third person, conferred no legal authority upon the defendant, Carpenter. He was|never appointed to serve…
2Cited by7 opinions
- In Re AlonzoSupreme Court of Alabama · 1969
- Carruth v. TigheSupreme Court of Vermont · 1860
- Thomas v. GravesSupreme Court of Vermont · 1916
- Catlin v. AllenSupreme Court of Vermont · 1845
- In Re AlonzoSupreme Court of Alabama · 1969
2 more not listed; retrieve them via the Exa API.