Ingraham v. Leland
Supreme Court of Vermont
Assumpsit upon a promissory note. The original writ was signed by I. B. Person, as justice of the peace, and a recognizance for costs was taken by him in common form, and the writ, for want of a proper officer, seasonably to be had, was directed'to Silas Bruce, Jr., an indifferent person, to serve and return; and the return showed that it was served by Bruce by attaching real and personal property of the defendants. The writ was indorsed “ Stoughton & Person, Att’ys.”
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Assumpsit upon a promissory note. The original writ was signed by I. B. Person, as justice of the peace, and a recognizance for costs was taken by him in common form, and the writ, for want of a proper officer, seasonably to be had, was directed'to Silas Bruce, Jr., an indifferent person, to serve and return; and the return showed that it was served by Bruce by attaching real and personal property of the defendants. The writ was indorsed “ Stoughton & Person, Att’ys.” The suit was entered in court, and the defendant Leland appeared and pleaded in abatement, “that the service of “said writ…
1Opinion of the Court
The opinion of the court was delivered by
Davis, J.
This action was originally commenced to the county court at the November Term, 1844. The writ was signed by I. B. Person, Justice of the Peace, and was directed in the usual 'form to Silas Bruce, Jr., an indifferent person, to serve and return, for the want of a proper officer seasonably to be had, and was served by him on the defendants, by attaching certain personal and real estate. The names of Stoughton & Person, attorneys, were endorsed on the back of the writ, as attorneys for the plaintiffs. The defendant, at the first term of the court…
2Cases cited2 opinions
- Ex parte KelloggSupreme Court of Vermont · 1834
- Pearson v. FrenchSupreme Court of Vermont · 1837
3Cited by7 opinions
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- Morse v. NashSupreme Court of Vermont · 1858
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