Parkhurst v. Pearsons
Supreme Court of Vermont
Appeal from the judgment of a,justice of the peace. The action was assumpsit. The writ was served by arresting the bodies of the defendants.
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Appeal from the judgment of a,justice of the peace. The action was assumpsit. The writ was served by arresting the bodies of the defendants. The defendants plead in abatement, in substance, that the plaintiff’s writ was founded on a contract made since January 1st, 1839 ; that the defendants were, at the time the writ was prayed out, resident citizens of this state ; and that neither before nor at the time of the issuing of the writ, did the. plaintiff, or his agent, or attorney, file with the authority issuing the writ, the affidavit required by the statute in such cases, to authorize the…
1Opinion of the Court
The opinion of the court was delivered by
Pibrpoint, J.
This is an action of assumpsit. The original writ was issued against the bodies of the defendants, who plead in abatement, that there was no sufficient affidavit filed with the magistrate, as required by the statute to warrant the issuing of such *706writ against their bodies. The facts found by the county court, do not show that the affidavit of Wilson, the attorney of the creditor^ which was sworn to before the magistrate issuing the writ, was either filed, or left with such magistrate.
The statute requires that before any writ shall issue…
2Cited by2 opinions
- Gove v. Gove's Admr.Supreme Court of Vermont · 1914
- Administrator of Whitcomb v. CookSupreme Court of Vermont · 1867