Austin v. Grout
Supreme Court of Vermont
This was ’an action of general indebitatus assumpsit, brought by Jeremiah Austin, of Fairfax, in said county, against Josiah Grout of said Fairfax, as the trustee of Wyatt Palmer. The defendant, Palmer, pleaded in abatement to the plaintiff’s Writ and declaration, Thatat the time of the commencement of the action, he was not an absconding or concealed debtor, within the meaning of the statute.
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This was ’an action of general indebitatus assumpsit, brought by Jeremiah Austin, of Fairfax, in said county, against Josiah Grout of said Fairfax, as the trustee of Wyatt Palmer. The defendant, Palmer, pleaded in abatement to the plaintiff’s Writ and declaration, Thatat the time of the commencement of the action, he was not an absconding or concealed debtor, within the meaning of the statute. Replication, — That the said Palmer was an absconding or concealed debtor at the time said action was commenced, within the meaning of the statute. Issue was joined to the court. It appeared in evidence…
1Opinion of the CourtPkeNtiss, J.
delivered the opinion of the Court.' — The act, directing the proceedings against the trustees of concealed or absconding debtors, declares, that if any person or persons shall have in his or their possession, any money, goods, chattels, rights or credits, of any person who shall have secretly absconded from this state, or who shall keep concealed within the same, any creditor may cause such person or persons, having such money, goods, chattels, rights or credits, to be summoned astrus-tee or trustees of such absconding or concealed debtor, &c.— (Com. St at. p. 149. 5.1.,) By the terms of…
2Cited by3 opinions
- Rindge v. GreenSupreme Court of Vermont · 1879
- Ferris v. FerrisSupreme Court of Vermont · 1853
- Hill v. WhitneySupreme Court of Vermont · 1844