Newcomb v. Peck
Supreme Court of Vermont
Debt upon a judgment recovered in the court of common pleas for the county of Worcester, in the State of Massachusetts. The declaration alleged that the judgment was recovered against the defendants by the name of George H. Peck and - Pom-roy, describing them as partners, &c.
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Debt upon a judgment recovered in the court of common pleas for the county of Worcester, in the State of Massachusetts. The declaration alleged that the judgment was recovered against the defendants by the name of George H. Peck and - Pom-roy, describing them as partners, &c. The defendants pleaded,— 1st, Nul tiel record, — 2d, Nil debet, — 3d, That, at the time the judgment declared on was recovered against them, they were inhabitants of the State of Vermont, and had no notice of the pendency of that action, and never appeared therein, and never authorized any one to appear for them, — 4th,…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
In this case, on the plea of nul tiel record, an objection is made to a recovery by the plaintiff, because, in the record of the judgment, the Christian name of Pomroy is omitted. It is to be observed that/the record is precisely as stated in the declaration. The judgment rendered in the court in Massachusetts cannot be considered as void, on account of that omission. When a man makes a contract in one name, not his true one, the contract may be declared on in a suit against him in his true name, averring the identity; and so, also,…
2Cases cited6 opinions
- Mills v. DuryeeSupreme Court of the United States · 1813
- Hampton v. M'connelSupreme Court of the United States · 1818
- Town of St. Albans v. BushSupreme Court of Vermont · 1832
- Boston India Rubber Factory v. Archibald HoitSupreme Court of Vermont · 1842
- Hoxie v. WrightSupreme Court of Vermont · 1828
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Anglo-American Packing v. Turner Casing Co.Supreme Court of Kansas · 1885
- Lapham v. BriggsSupreme Court of Vermont · 1854
- Burton v. BurtonSupreme Court of Vermont · 1886
- Spaulding v. SwiftSupreme Court of Vermont · 1846
- Betts v. JohnsonSupreme Court of Vermont · 1896
8 more not listed; retrieve them via the Exa API.