HOLDEN & MARTIN LUMBER CO. v. STUART

No. 1110.

108 A.2d 387 (1954)

HOLDEN & MARTIN LUMBER CO. v. James W. STUART & Tom Thumb Snack Shop, Inc., Trustee.

Supreme Court of Vermont. Windham.

October 5, 1954.


Attorney(s) appearing for the Case

Osmer C. Fitts, Paul N. Olson, James A. C. Stillman, Brattleboro, for plaintiff.

Edward A. John, John S. Burgess, Brattleboro, for defendants.

Before SHERBURNE, C. J., and JEFFORDS, CLEARY, ADAMS and CHASE, JJ.


ADAMS, Justice.

This cause is before this Court on exceptions allowed the plaintiff to an order of the Windham County Court wherein it granted a motion of the trustee in bankruptcy of the defendant to dismiss the writ and process for lack of jurisdiction. The grounds of the motion were non-service on the defendant and also that the writ was dated May 6, 1950, and it was not entered in court until April 23, 1953, contrary...

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