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1841 Chittenden County VT Court Document Plea in Abatement Jericho D.A. Smalley:
$49.77
We combine shipping.1841 Chittenden County VT Court Document Plea in Abatement Jericho D.A. Smalley
Approximately 8\" by 12\" See item for condition.
1841 handwritten legal court document from the Chittenden County Court in Vermont.
Date: Filed August 26, 1841 (August Term 1841)
Parties Involved: Southwick, Cannon & Warren & Co. vs. John Thompson & James M. Thompson
Location Reference: Jericho, Chittenden County, Vermont
Legal Context: Filed as a Plea in Abatement by attorney D. A. Smalley (David Allen Smalley, prominent Vermont attorney and judge) on behalf of defendant John Thompson. The plea argues that any promise/undertaking was made jointly with James M. Thompson—who lives in Jericho, VT—and that James was never served with the writ or given legal notice of the suit, requesting the writ be quashed.
[Front / Main Text]
Southwick, Cannon & Warren & Co.
vs.
John Thompson & James M. Thompson
Chittenden County Court
August A.D. 1841.
And now the said John Thompson comes and defends &c. when &c. & prays judgment of the Plaintiff’s writ, because he says that the said several supposed promises and undertakings in the said declaration mentioned, if any such were made, were and each of them was made by the said John jointly with the aforesaid James M. Thompson, as stated in said Plaintiff\'s declaration above, and not by said John alone, and that said James is still living, to wit, at Jericho in the County of Chittenden. And the said John says that the said plaintiffs have not in any manner caused their said writ to be served upon said James M. nor has said James M. had any legal notice of the commencement or pendency of this suit—Nor has any non est inventus or other return as to said James M. been made of said writ—And this the said John is ready to verify. Wherefore, inasmuch as there has been no service of said Writ upon the said James M. together with the said John—the said John prays Judgment of said Writ, and that the same may be quashed, & for his costs.
By D. A. Smalley, his Attorney
[Dockets / Verso Text]
74 A.T. 1841
Southwick, Cannon & Warren & Co.
vs.
John Thompson & James M. Thompson
Plea in abatement
Filed Augt. 26. 1841
W. Noble, Clerk