Ferriss v. Barlow
Supreme Court of Vermont
This was an action brought upon a judgment rendered by Franklin county court at their September term A. D. 1824. Plea statute of limitations. Replication that the defendant was committed to jail on the execution issued upon the judgment and on the 1st day of September 1826 took the poor debtors oath and departed from the.dimits of the prison.
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This was an action brought upon a judgment rendered by Franklin county court at their September term A. D. 1824. Plea statute of limitations. Replication that the defendant was committed to jail on the execution issued upon the judgment and on the 1st day of September 1826 took the poor debtors oath and departed from the.dimits of the prison. To this replication the defendant demurred. — The question presented fay the demurrer is whether a judgment upon which an execution has issued, and the debtor been committed to jail, and legally discharged under the act, “ relative to jails and jailors,”…
1Opinion of the Court
Tho opinion of the court, was delivered by
Pnr.LVS, J.-
The only question raised in this case is, whether the statute of limitation applies at all to a judgment, upon which tho debtor has heen committed, and discharged under the act for tho relief of poor debtors.
On the part of the plaintiff it is insisted, that the terms of the act expressly exempt the case from the operation of the statute of limitation. And on the other hand, it is claimed by the defendant that tho general expressions in tho act must be understood and taken subject to tho provisions of that statute, and that the expression “…
2Cases cited2 opinions
- Baxter v. TuckerSupreme Court of Vermont · 1815
- Ashley v. HarringtonSupreme Court of Vermont · 1815
3Cited by4 opinions
- Eyck v. WingMichigan Supreme Court · 1848
- Phelps v. WoodSupreme Court of Vermont · 1837
- Fairbanks v. DevereauxSupreme Court of Vermont · 1886
- Thatcher v. LyonsSupreme Court of Vermont · 1898