Sawyer v. Howard
Supreme Court of Vermont
Trustee Process. The process was in these words:— “ State of Vermont, ) To any sheriff or constable of Vermont, ‘ Lamoille County, ss. ) Greeting. ‘ By the authority of the State of Vermont, You are hereby com- ' manded to attach the goods, chattels and estate of John D. How- ‘ ard, late of Hydepark in the county of Lamoille, but now in parts * unknown, to the value of one thousand dollars, and him notify to ‘ appear before the county court next to be holden within and for ‘…
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Trustee Process. The process was in these words:— “ State of Vermont, ) To any sheriff or constable of Vermont, ‘ Lamoille County, ss. ) Greeting. ‘ By the authority of the State of Vermont, You are hereby com- ' manded to attach the goods, chattels and estate of John D. How- ‘ ard, late of Hydepark in the county of Lamoille, but now in parts * unknown, to the value of one thousand dollars, and him notify to ‘ appear before the county court next to be holden within and for ‘ said county on the second Tuesday of June next, and also to sum- ‘ mon Joshua Sawyer, of Hydepark in the county of…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This is a motion to dismiss the writ and the action on the ground of material defects in the form of the writ. The case of Park et al. v. Trustees of Williams, 14 Vt. 211, is relied upon as an authority in point. But the cases are essentially different. In that case there was in reality no process against the principal debtor and no service. The old statute did not contemplate, that the case would proceed, unless the goods, &c., should be found in the hands of the trustee; so that the process was, in fact and in form, against the trustee,…
2Cases cited1 opinion
- Park v. HarmonSupreme Court of Vermont · 1842
3Cited by2 opinions
- Moore v. State ex rel. VernonSupreme Court of Kansas · 1892
- Dillon v. FaheySupreme Court of Connecticut · 1914