Barnes v. Tenney
Supreme Court of Vermont
This was an action brought before a justice, under section 22, c. 46, Gen. Sts. to recover possession of a certain tenement in Hartford, whereof, as it was alleged, the defendant held possession unlawfully and against the right of the plaintiff.
Read the full summary
This was an action brought before a justice, under section 22, c. 46, Gen. Sts. to recover possession of a certain tenement in Hartford, whereof, as it was alleged, the defendant held possession unlawfully and against the right of the plaintiff. The officer was by the writ directed to attach the goods, chattels, or estate of the defendant, and to notify him thereof, “ and, for want thereof”, to “ take his body and him safely keep”, &c., in the usual form of a writ issued as a capias. The officer’s return certified only an arrest of the body of the defendant by virtue of the writ and a reading…
1Opinion of the Court
The opinion of the court was delivered by
Powers, J.
This case comes here upon the defendant’s motion to dismiss the writ for the reason that it was issued and served as a capias. The action is predicated upon section 22, c. 46, Gen. Sts., which provides .a summary remedy for landlords against their tenants who hold over “ without right ” after the determination of their lease. Section 23 provides that the writ may issue as a writ of attachment or summons in civil actions before justices of the peace ; and, if judgment be rendered for the plaintiff, a later section awards the plaintiff a writ…
2Cases cited1 opinion
- Hadley v. HavensSupreme Court of Vermont · 1852
3Cited by4 opinions
- Mead v. OwenSupreme Court of Vermont · 1907
- Sheeran v. RockwoodSupreme Court of Vermont · 1894
- Ackerman v. FrenchSupreme Court of Vermont · 1916
- Giancola v. BoydVermont Superior Court · 2024