Evarts v. Town of Georgia
Supreme Court of Vermont
In this case the original writ was made returnable to the county court, and, at the term at which the action was entered in court, the defendants appeared and pleaded as follows : “ And now the defendants here in court defend the wrong and injury, when &c., and pray judgment of the plaintiff’s writ, and that the same may be abated, quashed and held for nought, because they say that Decius B. Bogue, by whom the said writ was served, executed and returned, was, at the time…
Read the full summary
In this case the original writ was made returnable to the county court, and, at the term at which the action was entered in court, the defendants appeared and pleaded as follows : “ And now the defendants here in court defend the wrong and injury, when &c., and pray judgment of the plaintiff’s writ, and that the same may be abated, quashed and held for nought, because they say that Decius B. Bogue, by whom the said writ was served, executed and returned, was, at the time said writ was served, the legal owner of a large real and personal estate, of the value, to wit, of three thousand dollars,…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
In the case of Holmes v. Essex, 6 Vt. 47, the sheriff of the county was a rated inhabitant of Essex, but the writ was served by his deputy, who w.as not alleged to have been an inhabitant of that town, or personally interested in the suit. Here the sheriff .himself served the writ, having ratable estate in the town of Georgia, for which he was rated and taxed, though he does not appear to have, been, at the time of serving the writ, a resident inhabitant of that town. This latter fact makes the only difference between the two cases, which can…
2Cases cited1 opinion
- Town of Essex v. PrentissSupreme Court of Vermont · 1834
3Cited by2 opinions
- Nevada Cornell Silver Mines, Inc. v. HankinsNevada Supreme Court · 1929
- Dyson v. BakerMississippi Supreme Court · 1876