4 Vt. 418 | Vt. | 1832
The opinion of the Court was delivered by
There is no doubt the court below instructed the jury correctly. It has long been established, that the plaintifF, in ejectment must show the defendants in possession of the land
The writ must be served on the absent defendant in someone of the ways pointed out by statute. If the writ be not served, the court can have no jurisdiction of the action — not even to continue it, for the plaintiff to give the defendant notice. But if the writ be served, the court may continue the action from term to term, and order notice to be published in a news-paper. So a citizen of another state, whose property is attached in this state, may be notified of the pendency of the action agreeably to the above act. But if neither the person, nor property of a citizen of another-state, can be found in this state, whereon to serve process, the courts of this state can have no jurisdiction over him. Neither
Judgement of the county court is affirmed with additional costs.