Huntley v. Henry
Supreme Court of Vermont
Assumpsit on a promissory note. Trial by court at the March Term, 1864, Peck, J., presiding. The writ was dated August 22d, 1862, on which service was accepted the same day.
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Assumpsit on a promissory note. Trial by court at the March Term, 1864, Peck, J., presiding. The writ was dated August 22d, 1862, on which service was accepted the same day. The suit was entered at the September Term, 1862, the death of the plaintiff suggested, an appearance entered for the defendants by counsel, and the case continued to March term, 1863, when E, W. Huntley, executor of the plaintiff, entered to prosecute at the March Term, 1863. The defendants filed their pleas, one plea being the general issue, and the other a plea that at the service of the plaintiff’s writ there was no…
1Opinion of the CourtAldis, J.
The signature of a public officer — a justice of the peace or clerk of court — to a writ summoning a party to appear in court, is required, in order that the party thus summoned may know that he is required to appear by authority of law, — and that the sheriff or constable serving the process may have the authority of law for the performance of his duty. The whole object of the process is to secure the appearance of the party in court, and that accomplished the function qf the process is performed.
*167If there he error or irregularity in the process, the party upon whom it is served may appear…
2Cases cited4 opinions
- Ex parte KelloggSupreme Court of Vermont · 1834
- Case v. HumphreySupreme Court of Connecticut · 1826
- Town of Essex v. PrentissSupreme Court of Vermont · 1834
- Eaton v. HoughtonSupreme Court of Vermont · 1826
3Cited by14 opinions
- Andrew v. AndrewSupreme Court of Vermont · 1889
- Howe v. Lisbon Savings Bank & Trust Co.Supreme Court of Vermont · 1940
- Ambler v. LeachWest Virginia Supreme Court · 1879
- Miller v. ZeiglerWest Virginia Supreme Court · 1898
- Mack v. LewisSupreme Court of Vermont · 1894
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