Holden & Martin Lumber Co. v. Stuart

This cause is before this Court on exceptions allowed the plaintiff to an order of the Windham County Court wherein it granted a motion of the trustee in bankruptcy of the defendant to dismiss the writ and process for lack of jurisdiction. The grounds of the motion were non-service on the defendant and also that the writ was dated May 6, 1950, and it was not entered in the court until April 23, 1953, contrary to sections 1547 and 1548, V. S. 47, as appears on the face of the records in the cause. The latter ground is the only one relied upon here.

After the motion to dismiss was filed, the…