Bank of Vergennes v. Barker
Supreme Court of Vermont
Nonresidents. Arrest. Privilege. Assumpsit upon bills of exchange drawn in September, 1853. The writ by which the suit was commenced, issued as a capias and was served by arresting the body of the defendant.
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Nonresidents. Arrest. Privilege. Assumpsit upon bills of exchange drawn in September, 1853. The writ by which the suit was commenced, issued as a capias and was served by arresting the body of the defendant. The' defendant plead in abatement that he was a citizen and inhabitant of the state of New York, that on the 31st of March, 1854, he was and frequently prior thereto had been, openly in this state, that on the said 31st day of March, he was arrested by virtue of the plaintiff’s writ in this case, which was served upon him in no other manner; that at that time be was privileged from…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
I. Tbe statute in regard to tbe arrest of tbe body would be more consistent to extend to all nonresidents, without regard to citizenship, as it does in many of tbe states, and formerly did in this state. And it must be confessed, that tbe terms “ abscond or remove,” have no very appropriate reference to nonresidents, still, it cannot be supposed that the legislature intended to exempt them from all arrests on mesne process, under all circumstances. And tbe statute of 1852, which extends this exemption to citizens of other states, does…
2Cases cited1 opinion
- Fletcher v. BaxterSupreme Court of Vermont · 1827