Nye v. Burlington & Lamoille R. R.
Supreme Court of Vermont
MotioN to dismiss a writ on the ground that the service was illegal. Heard December Term, 1886, Veazey, J., presiding. Motion overruled. Affirmed. The substance of the motion was that the writ had not been legally served. It appeared from the officer’s return that he attached one car, and that he lodged a copy of the writ in the town clerk’s office, where the car was attached, and that he also left a copy with the clerk of the defendant company.
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MotioN to dismiss a writ on the ground that the service was illegal. Heard December Term, 1886, Veazey, J., presiding. Motion overruled. Affirmed. The substance of the motion was that the writ had not been legally served. It appeared from the officer’s return that he attached one car, and that he lodged a copy of the writ in the town clerk’s office, where the car was attached, and that he also left a copy with the clerk of the defendant company. The defendant in the mandatory part of the writ is described as 4 4 the Burlington and Lamoille Railroad Company, a company,” etc.; and there is…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
Conceding, without deciding, that the objection is available on motion, instead of plea, we do not think it is well taken. The defendant, as alleged in the writ, is the “Burlington and Lamoille Railroad Company, a company organized under the laws of this State.” The name of the defendant, “ Burlington and Lamoille Railroad Company,” as *587well as the qualifying clause, “a company organized under the laws of this State,” is consistent with the defendant being a corporation upon which service of process can be legally completed only by delivering a…
2Cited by5 opinions
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- Burlington Grocery Co. v. Heaphy's EstateSupreme Court of Vermont · 1924
- In re ByronSupreme Court of Vermont · 1909
- Thibault v. Connecticut Valley Lumber Co.Supreme Court of Vermont · 1907
- Peck v. LegranadeSupreme Court of Vermont · 1920