Town of Charleston v. Town of Lunenburgh
Supreme Court of Vermont
Assumpsit. The defendants pleaded in abatement, that the writ was served upon them by delivering a copy thereof to N. W. French, . one of the selectmen of the town, notwithstanding the town had a town clerk, duly qualified to act as such, and.he had appointed an assistant town clerk, pursuant to the statute, w'ho was also duly qualified to act as such, and that it did not appear from the officer’s return, that either the town clerk, or his assistant, was absent from the…
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Assumpsit. The defendants pleaded in abatement, that the writ was served upon them by delivering a copy thereof to N. W. French, . one of the selectmen of the town, notwithstanding the town had a town clerk, duly qualified to act as such, and.he had appointed an assistant town clerk, pursuant to the statute, w'ho was also duly qualified to act as such, and that it did not appear from the officer’s return, that either the town clerk, or his assistant, was absent from the state, at the time the service was made. The plaintiffs replied, that it did appear from the officer’s return upon the writ,…
1Opinion of the Court
The opinion of the court was delivered by
Poland, J.
The question presented by the pleadings in this case is, whether a writ against a town (in case the town clerk is absent from the state) should be served by delivering a copy to the assistant town clerk, or with one of the selectmen, or other principal officers of the corporation. In this case the writ was served, in the absence of the town clerk, by giving a copy to one of the selectmen of Lunenburgh; and the ground, upon which the abate-' ment is claimed, is, that it should have been delivered to the assistant town clerk.
The statute, — Rev.…
2Cited by4 opinions
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