McDaniels v. DeGroot

Supreme Court of Vermont

McDaniels v. DeGroot

59 A. 166, 77 Vt. 160, 1904 Vt. LEXIS 105

DecidedNovember 15, 1904

StatusPublished

This text of 59 A. 166 (McDaniels v. DeGroot) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McDaniels v. DeGroot, 59 A. 166, 77 Vt. 160, 1904 Vt. LEXIS 105 (Vt. 1904).

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Opinion

RowELL, c. J.

The plea in abatement, which is demurred to, does not challenge the sufficiency of the service of the writ on the defendant as shown by the officer’s return,, but only denies the truth of the return, and alleges’ that no such service was made as is thereby shown, and that no* other service was made on the defendant by that officer nor any other.

The officer’s return cannot be falsified by a plea in abatement. Columbian Granite Co. v. Townsend, 74 Vt. 183, 52 Atl. 432.

Affirmed and remanded.

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RowELL, c. J.

The plea in abatement, which is demurred to, does not challenge the sufficiency of the service of the writ on the defendant as shown by the officer’s return,, but only denies the truth of the return, and alleges’ that no such service was made as is thereby shown, and that no* other service was made on the defendant by that officer nor any other.

The officer’s return cannot be falsified by a plea in abatement. Columbian Granite Co. v. Townsend, 74 Vt. 183, 52 Atl. 432.

Affirmed and remanded.

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Bluebook (online)

59 A. 166, 77 Vt. 160, 1904 Vt. LEXIS 105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdaniels-v-degroot-vt-1904.

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