Thomas v. Graves
Supreme Court of Vermont
Petition for foreclosure of a mortgage on real estate. Personal service was made upon the defendant, Davenport. The defendant, Flora M. G-raves, was without the State of Vermont, and an order of notice was issued by the Clerk of the Court of Chancery of Bennington County, under which the copies of the process and pleadings, including a notice of tailing depositions upon a motion to shorten the time of redemption, were delivered to her in New York City.
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Petition for foreclosure of a mortgage on real estate. Personal service was made upon the defendant, Davenport. The defendant, Flora M. G-raves, was without the State of Vermont, and an order of notice was issued by the Clerk of the Court of Chancery of Bennington County, under which the copies of the process and pleadings, including a notice of tailing depositions upon a motion to shorten the time of redemption, were delivered to her in New York City. The body of the order of notice was as follows:— ‘ ‘ It having been made to appear that when the within action was commenced the defendant…
1Opinion of the CourtMunson, C. J.
This is an appeal from a decree entered on a petition to foreclose a mortgage. The appellant was a resident of the City of New York, and copies of the process were delivered to her personally at that place under an order of notice issued by the clerk. She appeared specially by a solicitor, and moved to dismiss the petition on several grounds specifically stated. The most important objection is that the copies were delivered by a person not named in the order of notice.
The provision for giving notice to an absent defendant in any action at law or in equity by the delivery of copies outside the…
2Cases cited15 opinions
- Ex parte KelloggSupreme Court of Vermont · 1834
- Brintnall v. Saratoga & Whitehall RailroadSupreme Court of Vermont · 1860
- Burton v. WilkinsonSupreme Court of Vermont · 1846
- Leach v. FrancisSupreme Court of Vermont · 1869
- Culver v. BalchSupreme Court of Vermont · 1851
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3Cited by3 opinions
- Batchelder v. MantakSupreme Court of Vermont · 1978
- Domenchini's Administrator v. Hoosac Tunnel & Wilmington RailroadSupreme Court of Vermont · 1916
- Vermont Fruit Co. v. WilsonSupreme Court of Vermont · 1918