Munroe v. Potter
Supreme Court of Vermont
Debt on judgment. Pleas, the general issue and statute-of limitations. Trial by court at the December term, 1892, Rowell, J., presiding. Judgment for the plaintiff. The-defendant excepts. This suit was commenced May 25, 1892. The judgment, declared upon was for $611.23, and was rendered at the-December term, 1883, Addison county.
Read the full summary
Debt on judgment. Pleas, the general issue and statute-of limitations. Trial by court at the December term, 1892, Rowell, J., presiding. Judgment for the plaintiff. The-defendant excepts. This suit was commenced May 25, 1892. The judgment, declared upon was for $611.23, and was rendered at the-December term, 1883, Addison county. The court found that the defendant had resided without the State since the rendition of said judgment, but that when the judgment was. rendered he owned a top buggy, sleigh, single harness and pair of double harnesses, which were then at his brother’s in Middlebury,…
1Opinion of the CourtMunson, J.
It being evident that the question now made regarding the scope and effect of the replication was not raised in the court below, it will not be considered here.
The defendant is found to have had property within the State, which, in the exercise of reasonable diligence, would have become known to the plaintiff. It remains to be determined whether the property was such as to keep the statute in operation. The court has found that its value was $100, but that the plaintiff would have derived no substantial benefit from its attachment. If it be held that the test is the sufficiency of the…
2Cases cited5 opinions
- Hill v. BellowsSupreme Court of Vermont · 1843
- Wheeler v. BrewerSupreme Court of Vermont · 1848
- Royce v. HurdSupreme Court of Vermont · 1852
- Russ v. FaySupreme Court of Vermont · 1857
- Moore v. QuintSupreme Court of Vermont · 1871
3Cited by2 opinions
- Ricker v. LajoieDistrict Court, D. Vermont · 1970
- State v. CharlesClark County Court of Common Pleas · 1908