Legal Opinion

Connecticut Valley Lumber Co. v. Rowell

Supreme Court of Vermont

Decided October 15, 1910PublishedCited by 2 opinions

Assumpsit. Issue on defendant’s traverse of the plaintiff’s replication to the defendant’s plea in abatement of the writ. Trial by court at the April Term, 1910, Essex County, Waterman, J., presiding. Judgment that the writ abate, with costs to the defendant. The plaintiff excepted. The opinion states the case.

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Assumpsit. Issue on defendant’s traverse of the plaintiff’s replication to the defendant’s plea in abatement of the writ. Trial by court at the April Term, 1910, Essex County, Waterman, J., presiding. Judgment that the writ abate, with costs to the defendant. The plaintiff excepted. The opinion states the case. The return is conclusive between the parties as to the capacity in which Spencer served the writ, and so it cannot be falsified by showing that he was not then deputy sheriff. Yates v. Pitkin, 47 Atl. 787; Columbian Granite Co. v. Townsend, 52 Atl. 432; Carney v. Dennison, 15 Vt. 400;…

1Opinion of the CourtRowell, C. J.

The writ in this case was served by E. W. Spencer, who signed his return as “Deputy Sheriff”. The defendant pleaded in abatement that Spencer was not deputy sheriff at the time he made the service. The plaintiff replied that Spencer served the writ as constable of the town of Bloomfield, which he then was, and in no other capacity. The defendant rejoined that he did not serve the writ as constable, and concluded to the country.

The issue was tried by the court, which found that there was no service of the writ except that shown by the return indorsed thereon; that a return was partly printed…

2Cases cited3 opinions

  1. Columbian Granite Co. v. W. C. Townsend & Co.Supreme Court of Vermont · 1902
  2. Carpenter v. WelchSupreme Court of Vermont · 1867
  3. Smith v. ChaseSupreme Court of Vermont · 1866

3Cited by2 opinions

  1. In re Peck's EstateSupreme Court of Vermont · 1913
  2. Roberts v. W. H. Hughes Co.Supreme Court of Vermont · 1912

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