Supreme Court of Vermont, 1904

McDaniels v. DeGroot

McDaniels v. DeGroot
Supreme Court of Vermont · Decided November 15, 1904 · Haselton, Powers, Rowell, Start, Tyler, Watson
77 Vt. 160; 59 A. 166; 1904 Vt. LEXIS 105

McDaniels v. DeGroot

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.