Supreme Court of Vermont January 15, 1835 (Morton v. Webb)

The opinion of the court was delivered by

Phelps, J.

— To some purposes the suing out of a writ is deemed 'the commencement of a suit, and to some purposes the service of the writ is the commencement. Still it is considered, under our practice, that a writ is under the absolute control of the plaintiff until served.