Selectmen of Windsor v. Jacob
Supreme Court of Vermont
SUMMON Stephen Jacob to answer unto William Hunter et al. selectmen and overseers of the poor of the town of Windsor, &c. Plea in abatement: For that the action is brought by the plaintiffs for the benefit and behalf of the inhabitants of the town of Windsor, and the writ is served by Stephen Conant, deputy-sheriff, who is an inhabitant of the town, whereas the writ ought t« have been served by some disinterested officer.
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SUMMON Stephen Jacob to answer unto William Hunter et al. selectmen and overseers of the poor of the town of Windsor, &c. Plea in abatement: For that the action is brought by the plaintiffs for the benefit and behalf of the inhabitants of the town of Windsor, and the writ is served by Stephen Conant, deputy-sheriff, who is an inhabitant of the town, whereas the writ ought t« have been served by some disinterested officer. By the 24th section of the judiciary act it is provided, “ that every writ and process issued as aforesaid, shall be directed to the sheriff, his deputy, or some constable…
1Opinion of the Court
Per Curiam•
The Court cannot perceive the analogy between the interest which will exclude a person from testifying, and that which will incapacitate an officer from serving process. The interest of the officer seems so remote, that it could not disqualify him from serving the writ!
Judgment that writ does not abate.
2Cited by1 opinion
- Sparhawk v. BartletMassachusetts Supreme Judicial Court · 1806