Walker v. Sargeant
Supreme Court of Vermont
Debt, upon a recognizance entered into by the defendant to the plaintiff, at the September term of the county court, 1834, conditioned that one John Wellman, who then had a suit pending in said court, in his favor and against the present plaintiff, should prosecute said suit to effect, &c. The defendant pleaded nul tiel record and also a declaration in offset in five counts, as follows : First count.
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Debt, upon a recognizance entered into by the defendant to the plaintiff, at the September term of the county court, 1834, conditioned that one John Wellman, who then had a suit pending in said court, in his favor and against the present plaintiff, should prosecute said suit to effect, &c. The defendant pleaded nul tiel record and also a declaration in offset in five counts, as follows : First count. And for further plea in this behalf, in pursuance of the statute in such case made and provided, by way of offset to the plaintiff’s claim, the defendant declares against the said Horatio in a…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
By the decision made in this cause, at a former term, it w’as undoubtedly intended to establish the sufficiency of the defendant’s declaration in offset, except as to the count relating to the debt of Southerland. That count was adjudged insufficient. 11 Vt. R. 327. Treating the law of the case as settled thus far, the plaintiff’s plea to that declaration, and the defendant’s replication, are to be considered under the present demurrer.
The plea will be taken to have properly set forth a lien in favor of Swift, to the amount of the plaintiff’s…
2Cases cited1 opinion
- Rumrill v. HuntingtonSupreme Court of Connecticut · 1811
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- Sanders v. SeelyeIllinois Supreme Court · 1889
- Stewart v. FlowersMississippi Supreme Court · 1870
- Hutchinson v. HowardSupreme Court of Vermont · 1843
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