Atkinson v. Minor

Decided January 15, 1801

Supreme Court of Vermont · decided 1801-01-15

MOTION to dismiss. In the declaration, plaintiff set forth, that the said Joel Minor, Ephraim Carr, and Wait Rathborn, have in their possession money, goods, chattels, rights or credits of the said Moses.

Decided 1801-01-15

Sed per Curiam.

¶1The Court do not wish to hear further in support of the motion. The statute is so clear, it would be a waste of time to hear further ar~ / gument.

¶2The Legislature, it is apparent, never contemplated an action like the present under this statute.

¶3To embrace persons of several interests in one suit as creditors of an absconding debtor, would produce great injury to the parties, and occasion much embarrassment in the process of the Courts,

Daniel Chipman and Cephas Smith, junior, for the trustees.Israel Smith and Truman Squires, for plaintiff

¶4Let the process be dismissed, and the trustees have severally their costs.