Smith v. Chase
Supreme Court of Vermont
Assumpsit in one speeial count, and in tlie general counts. The writ was put into tlie hands of one A. J. Albee to serve, who made service and signed his return as first constable.
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Assumpsit in one speeial count, and in tlie general counts. The writ was put into tlie hands of one A. J. Albee to serve, who made service and signed his return as first constable. The defendant’s counsel pleaded in abatement as follows : “ And now comes the above named defendant by his attorneys and prays judgment of the writ, in the above entitled cause, and says that the same ought to abate because he says that the said writ was served upon him at Newport, in the county of Orleans, and state of Vermont, on the 5th day of May, 1866, by A. J. Albee, as first constable, by attaching as the…
1Opinion of the Court
The opinion of the court was delivered by
BaRrett, J.
To those who once learned the law of the subject it will occur that pleas in abatement must conform to the rule requiring “ certainty to a certain intent in every particular.” Such has been the law for centuries. Though the language of the rule may not indicate precisely what is necessary in order to comply with its requirements, still the administration of it affords examples and illustrations, both of its scope and force, that afford a pretty intelligible guide to the practitioner. The law also requires a strict observance of the technical…
2Cases cited2 opinions
- Landon v. RobertsSupreme Court of Vermont · 1848
- Morse v. NashSupreme Court of Vermont · 1858
3Cited by3 opinions
- Graham v. SpencerU.S. Circuit Court for the District of Massachusetts · 1882
- Connecticut Valley Lumber Co. v. RowellSupreme Court of Vermont · 1910
- Shampeau v. Connecticut River Lumber Co.U.S. Circuit Court for the District of Vermont · 1889