Stevens v. Hewitt
Supreme Court of Vermont
Debt on judgment. Trial by the court. The action was originally brought before a justice of the peace, and was appealed. The original declaration described a judgment rendered in favor of the plaintiff against the defendant, on the 29th of May, 1837, and one dollar for four executions, signed J. G. Newell, Justice Peace.
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Debt on judgment. Trial by the court. The action was originally brought before a justice of the peace, and was appealed. The original declaration described a judgment rendered in favor of the plaintiff against the defendant, on the 29th of May, 1837, and one dollar for four executions, signed J. G. Newell, Justice Peace. The plaintiff filed a new declaration in the county court, in which the judgment was described as rendered by G. Newell, Esq., a justice of the peace for Rutland county, on the 29th of May, 1837, for the sum of twelve dollars and eighty-eight cents damages, and one dollar and…
1Opinion of the Court
The opinion of the court was delivered by
Poland, J.
The defendant’s motion to dismiss the plaintiffs new declaration, being filed after he had pleaded pleas of nul tiel record, and the statute of limitation to the same declaration was clearly out of time, if it was to be regarded as a mere dilatory objection ; as such objections, whether raised by plea, or motion merely, are waived by pleading to the merits. The county court treated the motion as of this character, and overruled it upon that ground. The defendant claims, however, that his motion really raised a question as to the jurisdiction…
2Cases cited1 opinion
- Bowman v. StowellSupreme Court of Vermont · 1849
3Cited by6 opinions
- Lathrop v. LevarnSupreme Court of Vermont · 1909
- Burton v. BurtonSupreme Court of Vermont · 1886
- Taft v. TaftSupreme Court of Vermont · 1909
- Woodruff v. BaconSupreme Court of Connecticut · 1867
- Muzzy v. CurtisSupreme Court of Vermont · 1969
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