[DOWNLOAD] "Leon H. Anderson v. Delphis Souliere" by Supreme Court of Vermont # eBook PDF Kindle ePub Free
eBook details
- Title: Leon H. Anderson v. Delphis Souliere
- Author : Supreme Court of Vermont
- Release Date : January 07, 1930
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
The plaintiff sued the defendant in an action of tort returnable to the municipal court of Orleans County. The writ was signed by a Justice of the peace of Caledonia County. The court below dismissed the suit for that reason, and the plaintiff excepted. [1-4] Process, by which a suit is instituted, must bear the official signature of someone authorized to issue the same. Otherwise, it is fatally defective, and, on motion, will be dismissed. Andrus v. Carroll, 35 Vt. 102. It is for the Legislature to say what officers shall be authorized to sign writs and other process, and our Legislature has said in G. L. 1704 that writs returnable to a municipal court may be signed by certain specified officers, including a Justice of the county. This means that such writs must be so signed, and the Justice referred to is a Justice of the peace within and for the county wherein the writ is returnable.