Brewer v. Story
Supreme Court of Vermont
This was a writ of attachment in the common form, commanding the officer “ to attach the goods, chattels or estate, of the defendants, to the value of five hundred dollars, and them to notify thereof according to law; and for want thereof to take theft bodies, if to be found within the precincts of the officer, and them safely keep and have to appear,” he.
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This was a writ of attachment in the common form, commanding the officer “ to attach the goods, chattels or estate, of the defendants, to the value of five hundred dollars, and them to notify thereof according to law; and for want thereof to take theft bodies, if to be found within the precincts of the officer, and them safely keep and have to appear,” he. The writ was served on all the defendants by the officer’s delivering to each of them a true and attested copy thereof, with his return thereon. At the trial in the county court the defendants pleaded in abatement, “ That said writ issued…
1Opinion of the CourtPueNtiss, J.
The question fe whether the delivery by the officer of a trueand attested copy of the writ of attachment, and of his return thereon, to each of the defendants, without an attachment of their goods, chattels, estate.or bodies, is a sufficient service of the writ upon the defendants to hold them to trial.
The ordinary mode of process, in civil causes, within this state, is by writ of summons or attachment; and the form of each is prescribed by statute. As to the manner of serving the processes, it is provided, that the writ of summons shall be served by delivering to the defendant, or leaving at…
2Cited by2 opinions
- Dodge v. EvansMississippi Supreme Court · 1871
- Graves v. SeverensSupreme Court of Vermont · 1865