Opinion
Opinion filed October 7, 1924.
ACTION OF REPLEVIN brought under G.L. 2099. Heard on defendant's motions to dismiss at the September Term, 1922, Windham County, Fish, J., presiding. Defendant's motion to dismiss writ because of non-compliance with G.L. 2108 and 2109, and as not in accordance with form prescribed by G.L. 7472, Form 12, overruled. The defendant excepted. Defendant's motion to dismiss action for want of proper bond was granted. The plaintiff excepted. Plaintiff also filed petition for a new trial. The opinion states the case. Reversed and remanded. Petition for new trial dismissed.
Holden Healy for the plaintiff.
Chase Chase for the defendant.
Present: WATSON, C.J., POWERS, TAYLOR, SLACK, and BUTLER, JJ.
This case was heard with Shapiro v. Reed reported in the 98 Vt. 76, and presents for review the same questions there raised and considered. On the authority of that case, the instant case must go back for a new trial.
Judgment reversed and cause remanded. Petition dismissed without costs to either party.