Peck v. Legranade
Supreme Court of Vermont
Appeal in Chancery. Petition for foreclosure. Heard on defendant’s motion to dismiss for want of proper subpoena, and plaintiff’s demurrer thereto, at the September Term, 1918, Chittenden County, Slack, Chancellor.' Decree sustaining the motion, and dismissing the petition. The plaintiff appealed. The opinion states the case.
1Opinion of the CourtWatson, C. J.
The writ of subpoena attached to the petition of foreclosure is in the form which generally obtained in this State prior to the passage of No. 55, Acts of-1908. By the form thus used, the writ was directed to the party himself, commanding him to appear at the next stated term of the court of chancery (in the county in which the bill or petition was returnable, if the required time for notice intervened), to be served by a sheriff or constable. By. the act of 1908 (G. L. 1499), such subpoenas shall be in substantially the form there prescribed: Directed to any sheriff or constable, who is…
2Cases cited3 opinions
- Livingston's v. StorySupreme Court of the United States · 1837
- In re ByronSupreme Court of Vermont · 1909
- Nye v. Burlington & Lamoille R. R.Supreme Court of Vermont · 1887