Ex parte Kellogg
Supreme Court of Vermont
This was a habeas corpus to be relieved from imprisonment on an execution in favor of Wm. Buckminster, who, by order of court, was notified and appeared. It appeared that a writ of attachment was sued out from a justice of the peace in favor of said Buckminster against said Kellogg, on which the justice had made and signed a blank deputation, which was afterwards filled up with the name of a person, without consultation with the justice.
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This was a habeas corpus to be relieved from imprisonment on an execution in favor of Wm. Buckminster, who, by order of court, was notified and appeared. It appeared that a writ of attachment was sued out from a justice of the peace in favor of said Buckminster against said Kellogg, on which the justice had made and signed a blank deputation, which was afterwards filled up with the name of a person, without consultation with the justice. The writ was served by such person, by the at-taclimciit of property, and due notice to Kellogg. On the return day, a subsequent attaching creditor entered…
1Opinion of the Court
The opinion of the court was delivered by
Collame w, J.
— The first question presented is, was this deputation, or authority to serve the attachment, legal ? This depends on deciding whether the act of the justice, in making this appointment, is judicial or ministerial. If the former, it cannot be performed by delegation or proxy. The statute (p. 127) provides, “ That if it shall be made to appear to a jus- “ tice that a writ,” &C. “ may fail of service for want of a prop- “ er officer, seasonably to be had, such justice is hereby em- “ powered to deputize any suitable person to serve the same…
2Cited by29 opinions
- Ex parte MooneyWest Virginia Supreme Court · 1885
- Howard v. United StatesCourt of Appeals for the Sixth Circuit · 1896
- Ex parte Ah MenCalifornia Supreme Court · 1888
- Sennott's CaseMassachusetts Supreme Judicial Court · 1888
- Keystone Bridge Co. v. SummersWest Virginia Supreme Court · 1878
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