Leach v. Cook
Supreme Court of Vermont
This was a trustee process. The trustee pleaded in abatement, “ that, at the time of the commencement of this suit, the said Swallow was not an absconding or concealed debtor, within the true intent and meaning of the statute.” Demurrer and joinder.
Read the full summary
This was a trustee process. The trustee pleaded in abatement, “ that, at the time of the commencement of this suit, the said Swallow was not an absconding or concealed debtor, within the true intent and meaning of the statute.” Demurrer and joinder. The county court adjudged said plea sufficient, and plaintiff excepted. 1. The process of foreign attachment, in this state, is not a common law proceeding, but is prescribed and regulated by statute alone. 2. Therefore, the mode pointed out by statute must be followed strictly ; and a deviation from that mode will not be sanctioned by the 'Court.…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This process is given in this state only in the absence of the debtor, and in that respect is similar to the process of foreign attachment by the custom of London, which is allowed in the sheriff’s or Lord Mayor’s court, after *240the return of nihil against the principal debtor. This pro- .... i cess lies here in three classes of cases, first, when the debtor keeps concealed, second, when he has absconded or removed, third, where he never resided within the state. The same rule obtains in the state of Connecticut; but in Massachusetts and many…
2Cited by2 opinions
- Rindge v. GreenSupreme Court of Vermont · 1879
- Williams v. MuthersbaughSupreme Court of Kansas · 1883