Columbian Granite Co. v. W. C. Townsend & Co.
Supreme Court of Vermont
Generar assumpsit returnable to the City Court of Montpelier, Srnilie, Judge. Plea in abatement for want of service. Demurrer thereto-. Judgment sustaining the demurrer. The defendant excepted. Stipulation of parties (quoted in the opinion) filed. Under the stipulation filed in this case the court can con7 sider nothing as to the facts stated in the plea. The old rule as to the conclusiveness of the return is relaxed under the modern decisions.
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Generar assumpsit returnable to the City Court of Montpelier, Srnilie, Judge. Plea in abatement for want of service. Demurrer thereto-. Judgment sustaining the demurrer. The defendant excepted. Stipulation of parties (quoted in the opinion) filed. Under the stipulation filed in this case the court can con7 sider nothing as to the facts stated in the plea. The old rule as to the conclusiveness of the return is relaxed under the modern decisions. Crosby v. Parmeiq 39 Minn. 307. The reason is stated in Geary v. State, 11 Tex. Appeal 534; “Not to hear a person and compel him to resort to an…
1Opinion of the CourtTaft, C. J.
The defendant undertakes to- impeach the officer’s return, which is good on its face, by a plea in abatement, .which is demurred to-.
Nothing is better settled than, that an officer’s return is conclusive between the parties, except in a proceeding to set it aside. Yatter v. Pitkin & Miller, 72 Vt. 255, 47 Atl. 787. Mr. Gould says that a defendant cannot falsify such a return by plea in abatement, but must resort to his remedy against the officer, if it be false. Gould’s Pl. c. V., s. 135.
In Barr v. Satchwell, 2 Stra. 813, a scire facias was returnable on the general return day, which was…
2Cases cited3 opinions
- Town of Hartland v. Town of WindsorSupreme Court of Vermont · 1857
- Campbell v. HydeSupreme Court of Vermont · 1797
- Yatter v. Pitkin & MillerSupreme Court of Vermont · 1900
3Cited by10 opinions
- Vermont Hydro-Electric Corp. v. DunnSupreme Court of Vermont · 1921
- In re Peck's EstateSupreme Court of Vermont · 1913
- Varnum v. Village of MorrisvilleSupreme Court of Vermont · 1911
- Howard National Bank v. Fidelity & Casualty Co.Supreme Court of Vermont · 1923
- Powell & Powell v. Greenleaf & CurrierSupreme Court of Vermont · 1930
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