Hubbard v. Dubois
Supreme Court of Vermont
Debt on judgment alleged to have been obtained by Joseph Hubbard in his lifetime, against the defendants and one Edward Hobart, since deceased, as joint contractors, at the June Term of Addison County Court, A. D. 1855, to which the defendant Dubois pleaded, first, that there was no record of said judgment remaining in said court; second, that the alleged judgment was rendered without any service of the writ upon him or upon his property, or without trustee process and…
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Debt on judgment alleged to have been obtained by Joseph Hubbard in his lifetime, against the defendants and one Edward Hobart, since deceased, as joint contractors, at the June Term of Addison County Court, A. D. 1855, to which the defendant Dubois pleaded, first, that there was no record of said judgment remaining in said court; second, that the alleged judgment was rendered without any service of the writ upon him or upon his property, or without trustee process and without any notice whatever to him, either by publication or otherwise, of the pendency of any suit, &c.; to which the…
1Opinion of the Court
Poland, Ch. J.
It is now well established law, that where the record of a judgment shows that the defendant appeared by attorney, such fact cannot be traversed or denied by him, nor will he be permitted to show that such attorney had no authority to so appear, and the judgment will effectually conclude him. St. Albans v. Bush, 4 Vt. 58 ; Newcomb et al. v. Pech et al., 17 Vt. 302.
In this case, the sole question is upon the proper construction of the record given in evidence ; does it show that the defendant Dubois did appear by attorney ? The record incorporates at length the writ and return of…
2Cases cited2 opinions
- Newcomb v. PeckSupreme Court of Vermont · 1845
- Town of St. Albans v. BushSupreme Court of Vermont · 1832
3Cited by5 opinions
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- Gargan v. School District No. 15Supreme Court of Colorado · 1878
- Teller v. HartmanSupreme Court of Colorado · 1891
- Atterbury v. McGlinn, Pennsylvania Court of Common Pleas, Philadelphia County1935
- City National Bank v. HagerSupreme Court of Minnesota · 1892