Davis v. Dorr
Supreme Court of Vermont
Scire Facias against the defendant as bail for Charles W. Dorr. The declaration averred that the plaintiff, on the 24th of.
Read the full summary
Scire Facias against the defendant as bail for Charles W. Dorr. The declaration averred that the plaintiff, on the 24th of. January, 1857, took out a capias against Charles W. Dorr, of the state of Wisconsin, in an action of assumpsit; that the plaintiff’s attorney, before the writ issued, filed with the authority signing the writ, an affidavit that he had good reason to believe, and did believe, that the said Dorr was about to remove from this state, and had secreted about his person, or elsewhere, money or other property sufficient to satisfy the plaintiff’s demand against him; that said…
1Opinion of the Court
The opinion of the court was delivered by
Pierpoint, J.
This is a scire facias brought against the defendant as bail for Charles W. Dorr. The questions before this court arise on a demurrer to the defendant’s plea. Several questions have been raised, both on the plea and on the declaration. We shall consider three of them only.
As to the sufficiency of the affidavit on which the writ issued against the body of said C. W. Dorr. The defendant insists that the affidavit was insufficient, on two grounds. First, that it did not state that the defendant in that proceeding was indebted to the plaintiff…
2Cited by4 opinions
- Stone v. BriggsSupreme Court of Vermont · 1942
- Converse v. WashburnSupreme Court of Vermont · 1870
- Reed v. LaneSupreme Court of Vermont · 1889
- Sargent v. ShepardSupreme Court of Vermont · 1920