Legal Opinion

Sons v. Griggs

Supreme Court of Vermont

Decided January 15, 1880PublishedCited by 2 opinions

Appeal from the Court of Insolvency for the District of Rut-land. The facts were agreed on, and were, so far as material, as follows: The plaintiffs duly petitioned said court to proceed against the defendant as an insolvent. The court appended a citation to the petition, and service and return were duly made.

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Appeal from the Court of Insolvency for the District of Rut-land. The facts were agreed on, and were, so far as material, as follows: The plaintiffs duly petitioned said court to proceed against the defendant as an insolvent. The court appended a citation to the petition, and service and return were duly made. It was thereupon discovered by the judge of that court that the citation was not such as the law required, and he, supposing it to be void, removed it from the petition and appended a citation conformable to such requirements, and had service thereof duly made. That service was preceded…

1Opinion of the Court

The opinion of the court was delivered by

Barrett, J.

The plaintiffs duly petitioned the Court of Insolvency to proceed against the defendant as an insolvent, according to the provisions of the law in that behalf. It was for the court to issue a citation upon such petition to require and compel the defendant to appear and answer. The court appended a citation, and it was served and returned. Thereupon it was discovered by the judge that said citation was not such as the law required, and was supposed by him to be void. He removed that citation from the petition, and appended a citation such as…

2Cases cited3 opinions

  1. Downer v. GarlandSupreme Court of Vermont · 1849
  2. Hill v. DunlapSupreme Court of Vermont · 1843
  3. Kirby v. JacksonSupreme Court of Vermont · 1870

3Cited by2 opinions

  1. In re JacobsSupreme Court of Vermont · 1914
  2. Rutland Railroad v. Bellows Falls & Saxton's River Street Railway Co.Supreme Court of Vermont · 1900

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