Fairbanks v. Devereaux
Supreme Court of Vermont
Action of debt upon two judgments rendered by the Supreme Court in Windsor County; one at the February Term, 1876, and the other at the February Term, 1879. Plea, offset; replication, Statute of Limitations; rejoinder. Trial by court, Taft, J., presiding. Judgment for the defendants.
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Action of debt upon two judgments rendered by the Supreme Court in Windsor County; one at the February Term, 1876, and the other at the February Term, 1879. Plea, offset; replication, Statute of Limitations; rejoinder. Trial by court, Taft, J., presiding. Judgment for the defendants. The defendants pleaded in offset one judgment rendered by the County Court, at the December Term, 1874. That term of court adjourned January 2, 1875. An alias execution was issued March 18, 1875, and a levy was made April 5, 1875. See Fairbanks v. Devereaux, 48 Yt. 550. The writ in this case was dated February…
1Opinion of the Court
The opinion of- the court was delivered by
Ross, J.
This suit is brought on two judgments in favor of the plaintiff against the defendants, for costs in suits in which he prevailed. These judgments, as between .the plaintiff and his attorneys in these suits, belong to the attorneys, both because of their assertion of their lien as such attorneys, with notice thereof to the defendants through their attorney of record, and because of assignments of the judgments by the plaintiff to the attorneys. The suit was instituted, and has been prosecuted by, and for, the benefit of the attorneys. At the…
2Cases cited8 opinions
- Spear & Carlton v. NewellSupreme Court of Vermont · 1841
- Phelps v. WoodSupreme Court of Vermont · 1837
- Walker v. SargeantSupreme Court of Vermont · 1842
- Hall v. HallSupreme Court of Vermont · 1836
- McDonald v. SmithSupreme Court of Vermont · 1885
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- First National Bank v. PostSupreme Court of Vermont · 1894
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