Vail v. Rowell
Supreme Court of Vermont
This case was heard at the September Term, 1879, on the report of the commissioner; Royce, J. presiding. The court, pro forma, adjudged the trustee liable for the sum of $42.73. The plaintiff sued out his writ October 26th, 1878; and it was served on the trustee Oct. 28th, by one Hibbard, a minor, who was authorized to serve it, by the magistrate signing it.
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This case was heard at the September Term, 1879, on the report of the commissioner; Royce, J. presiding. The court, pro forma, adjudged the trustee liable for the sum of $42.73. The plaintiff sued out his writ October 26th, 1878; and it was served on the trustee Oct. 28th, by one Hibbard, a minor, who was authorized to serve it, by the magistrate signing it. The writ was returnable the last Monday of November, 1878 ; but the trial was continued by agreement till the 2d day of December, 1878. Barnes entered as claimant. On Nov. 18, 1878, the same writ was placed in the hands of a deputy…
1Opinion of the Court
The opinion of the court was delivered by
Powers, J.
Hibbard being a minor could not legally serve the plaintiff’s writ. Harvey v. Hall, 22 Vt. 211.
If Hibbard’s return of service had been endorsed upon the wi'it on its return day, opportunity would have existed for a plea *111in abatement for his defective service. But at that time the only service shown by the process was a legal service made by the sheriff. Nothing therefore pleadable in abatement on this score existed.
The endorsement of Hibbard’s return after the judgment of the justice, and after the appeal therefrom to the County Court, gave…
2Cases cited1 opinion
- Harvey v. HallSupreme Court of Vermont · 1850
3Cited by1 opinion
- Gilson v. KuenertSouth Dakota Supreme Court · 1902