Muzroll v. Hetu
Supreme Court of Vermont
Trespass and Trover for a horse. Heard on plaintiff’s demurrer to defendants’ joint plea in abatement, at the October Term, 1908, Essex County, Hall, J., presiding. Demurrer sustained and plea adjudged insufficient. The defendant excepted. The opinion states the ease. The writ in this case was committed to the officer who served it on defendant Hetu, and the subsequent service thereof on defendant Bemis by another officer was void.
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Trespass and Trover for a horse. Heard on plaintiff’s demurrer to defendants’ joint plea in abatement, at the October Term, 1908, Essex County, Hall, J., presiding. Demurrer sustained and plea adjudged insufficient. The defendant excepted. The opinion states the ease. The writ in this case was committed to the officer who served it on defendant Hetu, and the subsequent service thereof on defendant Bemis by another officer was void. Bank v. Goodall, 41 N. H. 81; Arnold v. Winn, 26 Miss. 338; Flint v. Noyes, 27 Kan. 351; O ’Brien v. Annis, 120 Mass. 143. The service on defendant Hetu gave the…
1Opinion of the CourtWatson, J.
Service was made on defendant Hetu by one deputy sheriff and then, without the process being returned, service was made on defendant Bemis by another deputy sheriff. Defendants jointly plead in abatement that the writ was not served on Bemis and returned by the same officer who had served it on the other defendant, praying judgment of the writ and that it be quashed.
Nothing appears in the plea showing how the writ came into the hands of the second officer for service on Bemis, nor that he did not serve and return the same as required by law, and no intendments will be made in favor of the…
2Cases cited2 opinions
- Shannon v. ComstockNew York Supreme Court · 1839
- Bliss v. SmithSupreme Court of Vermont · 1869