Hapgood v. Goddard
Supreme Court of Vermont
This was a petition to set aside an execution. The petition set forth in substance, that on or about the twenty first day of April, 1843, one Aaron Goddard of Reading, commenced a suit against the petitioner by the trustee process, summoning Timothy P. Collins, Joel Holden, Nathan Weston, and others, as trustees.
Read the full summary
This was a petition to set aside an execution. The petition set forth in substance, that on or about the twenty first day of April, 1843, one Aaron Goddard of Reading, commenced a suit against the petitioner by the trustee process, summoning Timothy P. Collins, Joel Holden, Nathan Weston, and others, as trustees. That said suit was made returnable to the November Term, 1843, of the county court, and was duly entered in said court, and that a judgment by default against the petitioner, was duly entered at the May Term, 1844, of said court, for the sum of $7 63,07, damages, and the sum of…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
The execution, in this case, according to the views expressed, in the reported cases upon the subject, referred to in argument, may probably be regarded as having issued prematurely, and so far irregularly. The cases referred to did not absolutely require a decision to this extent, in order to their determination. But the case of Jones v. Spear, 21 Vt. 426, is put upon this ground. And it is no doubt true, that strictly speaking, the party would not be entitled to an execution, till the day following the final determination of the whole…
2Cases cited1 opinion
- Jones v. SpearSupreme Court of Vermont · 1849
3Cited by6 opinions
- Cheeney v. Lafayette, Bloomington & Mississippi Railway Co.Illinois Supreme Court · 1873
- Catlin v. Merchants BankSupreme Court of Vermont · 1864
- Henderson v. Henderson's Adm'rSupreme Court of Alabama · 1880
- Dawson v. DanielU.S. Circuit Court for the District of Western Tennessee · 1878
- Passumpsic Bank v. BeattieSupreme Court of Vermont · 1859
1 more not listed; retrieve them via the Exa API.