Hammond & Draper v. Wilder & Locke
Supreme Court of Vermont
Trespass de bonis asportatis, in two counts. The defendants pleaded, 1st, the general issue — 2d, the general issue as to a part of the first count, and a justification by virtue of an attachment and judgment as to the residue of the said count — 3d, the general issue as to a part of the second count, and a justification by virtue of two writs of attachment, and judgments and executions, as to the residue.
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Trespass de bonis asportatis, in two counts. The defendants pleaded, 1st, the general issue — 2d, the general issue as to a part of the first count, and a justification by virtue of an attachment and judgment as to the residue of the said count — 3d, the general issue as to a part of the second count, and a justification by virtue of two writs of attachment, and judgments and executions, as to the residue. The plaintiffs, as to the justification of defendants set forth in their second plea, and also as to the justification of the defendants set forth in their third plea, replied, that neither…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
Two questions arise in the present case. 1. If a writ of attachment, returnable before a justice, in a different county from that in which it is served, be served by attaching property, less than twelve days hefore the return day, and no appearance is made by defendant, and judgment is given by default, is the judgment valid?
*346We think it must he admitted by every lawyer, that this is matter of abatement, and abatement only, when the defendant does appear. It could not be pleaded in bar of the action. It is no ground of a writ of error.…
2Cases cited12 opinions
- Ex parte KelloggSupreme Court of Vermont · 1834
- Hayden v. ShedMassachusetts Supreme Judicial Court · 1814
- Gilman v. ThompsonSupreme Court of Vermont · 1839
- Kelly v. ParisSupreme Court of Vermont · 1838
- Nelson v. DenisonSupreme Court of Vermont · 1843
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. DawellMichigan Supreme Court · 1872
- Focke, Wilkens & Lange & Scott v. Leon & BlumTexas Supreme Court · 1891
- Leonard v. SparksSupreme Court of Missouri · 1893
- Town of Putney v. Town of BrooklineSupreme Court of Vermont · 1967
- Valiquette v. Clark Bros. Coal Mining Co.Supreme Court of Vermont · 1910
3 more not listed; retrieve them via the Exa API.