Bowman v. Stowell
Supreme Court of Vermont
Assumpsit upon a promissory note for $246,70, dated August 3, 1841,-and made payable to Josiah Stowell, or bearer; — but it was not alleged in the declaration, in what capacity, or by what right, the plaintiff brought the suit.
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Assumpsit upon a promissory note for $246,70, dated August 3, 1841,-and made payable to Josiah Stowell, or bearer; — but it was not alleged in the declaration, in what capacity, or by what right, the plaintiff brought the suit. The writ bore date March 17, 1847, and issued as an attachment against the bodies of the defendants, describing them as of Londonderry in this state, and was served by attaching the body of the defendant Glazier, but not by attaching the bodies of the other defendants. The defendants appeared and pleaded in abatement, “ That the ‘ said defendants are all resident…
1Opinion of the Court
*312The opinion of the court was delivered by
Poland, J.
1. As to the replication to the plea in abatement. The writ issued against the bodies of all the defendants, but was served by attaching the body of the defendant Glazier only, and was served upon the other defendants as a writ of summons, or by attachment of their goods. It is insisted by the defendants, however, that, as the affidavit, which was filed, only entitled the plaintiff to a capias against the defendant Glazier, and the writ in fact issued as a capias against all the defendants, the writ .was void; and the case of Aiken v.…
2Cases cited5 opinions
- Aiken v. RichardsonSupreme Court of Vermont · 1843
- Skinner v. GrantSupreme Court of Vermont · 1840
- Carpenter v. GookinSupreme Court of Vermont · 1829
- Emerson v. WilsonSupreme Court of Vermont · 1839
- Langdon v. DyerSupreme Court of Vermont · 1841
3Cited by9 opinions
- Roy v. PhelpsSupreme Court of Vermont · 1910
- Burton v. BurtonSupreme Court of Vermont · 1886
- Taft v. TaftSupreme Court of Vermont · 1909
- Kimball v. LaddSupreme Court of Vermont · 1870
- Swerdferger v. HopkinsSupreme Court of Vermont · 1894
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