1 Brayt. 232
Decided July 1, 1819
Supreme Court of Vermont · decided 1819-07-01
THIS was an action brought in pursuance of the Act entitled “An Act directing the proceedings against trustees of concealed or absconding debtors.’’ Strong, the principal debtor, pleaded in bar — That at the commencement of the present suit, he was not a concealed or absconding debtor. Demurrer. 1. That the trustee action is a remedy provided for the creditor, extending the right of attachment to property in action, af-well as that in possession, ■ 1 Stat. p. 241. etSeq. 2.
Decided 1819-07-01
¶1The principal debtor cannot plead this plea, either in bar or abatement, but can take advantage of the fact. set up in the plea, only by motion to dismiss the process, as against the the trustee, in the nature of a motion to dissolve aft. attachment;
¶2Judgment — That plea in bar is insufficient.-