Divoll v. Nichols
Supreme Court of Vermont
Appeal from a justice of the peace. Heard on demurrer to the amended declaration at the December Term, 1897, Windsor County, Tyler, J., presiding.
Read the full summary
Appeal from a justice of the peace. Heard on demurrer to the amended declaration at the December Term, 1897, Windsor County, Tyler, J., presiding. The declaration set forth that plaintiffs had brought an action of assumpsit before a justice of the peace against one Scott Shepard, filing an affidavit for his arrest as an absconding debtor and inserting in the writ a trustee summons against this defendant, Nichols; that the writ was served on Nichols as trustee and on Shepard by reading and arrest and that Nichols became his bail upon the writ; that Nichols was discharged as trustee upon…
1Opinion of the CourtMunson, J.
The question presented by the demurrer is whether a capias and a trustee summons can be combined in the same process. This question was decided adversely to the plaintiffs’ claim in Cleft v. Hosford, 12 Vt. 296; but counsel insist that that decision should not now be regarded as controlling because of the changes since made in the statute.
Under the earlier statutes the trustee process was an independent writ, available only in the case of concealed or absconding debtors, and seeking collection solely through the debtor’s effects in the hands of the trustee. But by No. 12, Acts of 1835, it was…
2Cases cited1 opinion
- Cleft v. HosfordSupreme Court of Vermont · 1840
3Cited by2 opinions
- First Wisconsin Mortgage Trust v. Wyman's, Inc.Supreme Court of Vermont · 1981
- Blouin v. GreenSupreme Court of Vermont · 1917