21 Vt. 488 | Vt. | 1849
The opinion of the court was delivered by
The question presented by the pleadings in this case is, whether a writ against a town (in case the town clerk is absent from the state) should be served by delivering a copy to the assistant town clerk, or with one of the selectmen, or other principal officers of the corporation. In this case the writ was served, in the absence of the town clerk, by giving a copy to one of the selectmen of Lunenburgh; and the ground, upon which the abate-' ment is claimed, is, that it should have been delivered to the assistant town clerk.
The statute, — Rev. St. 181, sec. 14, — in reference to the service of writs upon corporations, requires the copy to be left with the
The judgment of the county court is therefore reversed, and judgment is to be entered, that the plaintiffs’ replication to the' defendants’ plea in abatement is sufficient, and that the defendants answer over to the plaintiffs’ declaration; and the cause is remanded to the county court for farther proceedings.