Harvey v. Hall
Supreme Court of Vermont
Trespass for assault and battery and false imprisonment. The writ was made returnable to the county court, and was signed by F. W. Hopkins, Clerk, and was directed to John F. Knight, Jr., to serve and return, and was served by him. The defendant pleaded in abatement, as follows.
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Trespass for assault and battery and false imprisonment. The writ was made returnable to the county court, and was signed by F. W. Hopkins, Clerk, and was directed to John F. Knight, Jr., to serve and return, and was served by him. The defendant pleaded in abatement, as follows. “ And now comes the above named defendant, by Foot & Hodges, “ his attorneys, and prays judgment of the writ in the above entitled “ cause, and says, that the same ought to abate, because he says “ that the said writ was served upon him on the tenth day of “ August, 1847, by John F. Knight, Jr., a person authorized to…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The first question in this case is, whether an infant is a competent person to be deputed, by the authority ‘signing a writ, to serve it ? It is certain, that such person is not competent to perform any judicial office, which it might sometimes be necessary for him, in such case, to do. It is clear, too, I suppose, that such person is not liable to the defendant for any injury he might sustain, either for misfeasance, or nonfeasance, for a false return, or for not keeping the property with care, or for refusing to take bail, &c. In such a…
2Cited by3 opinions
- Morse v. NashSupreme Court of Vermont · 1858
- Patterson v. KennedyMichigan Supreme Court · 1899
- Vail v. RowellSupreme Court of Vermont · 1880