Stanton v. Proprietors of Haverhill Bridge
Supreme Court of Vermont
Case for injury to the wife, occasioned by reason of the insufficiency and want of repair of the defendant’s toll-bridge across the Connecticut River, from Haverhill, in the state of New Hampshire, to Newbury, in this state. The writ was returnable to the June term, 1871, Orange county, when the suit was entered, the defendant appeared by attorney, and obtained a rule for bail, and the case was continued under the rules of court.
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Case for injury to the wife, occasioned by reason of the insufficiency and want of repair of the defendant’s toll-bridge across the Connecticut River, from Haverhill, in the state of New Hampshire, to Newbury, in this state. The writ was returnable to the June term, 1871, Orange county, when the suit was entered, the defendant appeared by attorney, and obtained a rule for bail, and the case was continued under the rules of court. The case was also continued at the next term ; and at the June term, 1872, Peck, J., presiding, the defendant pleaded to the jurisdiction, that the defendant had an…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
I. However defective was the service of this process, we think the'appearance of the defendant by counsel, at the first term the cause was entered in court, and suffering a general continuance for that and the succeeding term, is a waiver of all dilatory pleas, and of all objection to the service of the writ. State v. Richmond, 6 Foster (N. H.), 232; Huntly v. Henry et al. 37 Vt. 165.
The defendant’s plea does not aver or claim, that the writ was not properly served, but that the defendant being a foreign corporation, existing and doing…
2Cases cited5 opinions
- Hall v. Vermont & Massachusetts RailroadSupreme Court of Vermont · 1856
- Day v. Essex County BankSupreme Court of Vermont · 1841
- Huntley v. HenrySupreme Court of Vermont · 1864
- Wetherbee's Executors v. Wetherbee's HeirsSupreme Court of Vermont · 1866
- Winn v. AverillSupreme Court of Vermont · 1852
3Cited by2 opinions
- Wabash Western Ry. v. BrowCourt of Appeals for the Sixth Circuit · 1895
- Town of Duxbury v. Town of WilliamstownSupreme Court of Vermont · 1929