26 Vt. 748 | Vt. | 1854
The opinion of the court was delivered by
The judgment of the county court in this case must be affirmed. It is admitted by the demurrer, that the process in favor of Goss & Delano v. "Witherell, was returnable on the 19th of February, 1853, at 9 o’clock in the forenoon; that it was duly served by a deputy sheriff; and that from the officer’s return on the precept, it appears, a true and attested copy of the writ, with the officer’s return, was left with this complainant. Under this return of the officer, it was the duty of the justice on the re urn day of the writ, to render his judgment for the plaintiff by default, if