Dunshee v. Stearns
Supreme Court of Vermont
THIS was a writ of replevin, to replevy animals taken damage feasant, and impounded. The defendant pleaded in abatement, that the plaintiff had not given security for costs of prosecution, in the same manner as is provided in the case of the issuing of writs of attachment, agreeably to the act of the 25th October, 1822. Demurrer and joinder in demurrer.
1Opinion of the Court
Skinner, Ch. J.
delivered the opinion of the Court.
The defendant pleads in abatement to this action, which is replevin, for property taken damage feasant, and impounded ; because no security for costs, in the form required by the act of 1822, in case of the issuing writs of summons, is given by the plaintiff. The exclusive object of this statute is, to secure costs to the defendant. This being the object, and as it is an act in addition to the judiciary act, it will not be presumed as intended to apply to any other writ or process than such as is embraced in the act to which it is in addition.
B…
2Cited by2 opinions
- Russell v. LundSupreme Court of Vermont · 1944
- Stoddard v. GilmanSupreme Court of Vermont · 1850