Legal Opinion

Safford v. First National Bank

Supreme Court of Vermont

Decided January 15, 1889PublishedCited by 9 opinions

This was a suit in book. account. The defendant bank 'demurred, and also moved to dismiss for want of service. Demurrer and motion overruled, September Term, 1887, Powers, J., presiding. Exceptions by the defendant, which were certiKed to the Supreme Court before further proceedings. The case .appears in the opinion.

1Opinion of the Court

The opinion of the court was delivered by

Royos, Oh. J.

The defendant bank was located at and doing business in Clinton County, N. Y-, the plaintiff was a resident of Washington, D. C., and the writ was made returnable to the •County Court in the county of Franklin. The only service that was made of the writ on the defendant, as appears by the offi•cer’s return, was by leaving with C. W. Witters, one of the trustees named in the writ, a true and attested copy of the writ, with his return thereon endorsed.

The statute, R. L. s. 1081, which provides for service of writs on absent defendants by…

2Cited by9 opinions

  1. Freeman Manufacturing Co. v. National BankMassachusetts Supreme Judicial Court · 1894
  2. Phelan v. Atlantic National BankMassachusetts Supreme Judicial Court · 1938
  3. Dennis v. First National Bank of SeattleCalifornia Supreme Court · 1900
  4. First National Bank of Plattsburg v. PostSupreme Court of Vermont · 1892
  5. Van Reed v. People's National Bank of LebanonNew York Court of Appeals · 1903

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