Lord v. Hobbes
Superior Court of New Hampshire
This was debt on bond with condition to pay what should be awarded on special submission of certain actions then pending in court (the submission to be by rule of court) between plaintiff and tlie defendant Hobbes. After oyer of the bond and condition, the defendant Hobbes (Leavit, the other obligor, died since the commencement of the suit) pleaded, in bar, general performance.
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This was debt on bond with condition to pay what should be awarded on special submission of certain actions then pending in court (the submission to be by rule of court) between plaintiff and tlie defendant Hobbes. After oyer of the bond and condition, the defendant Hobbes (Leavit, the other obligor, died since the commencement of the suit) pleaded, in bar, general performance. The plaintiff replied the submission and report made in favor of plaintiff for a certain sum ($489.57), and assigned, for breach, non-payment of that sum. The defendant rejoined that execution issued on judgments…
1Opinion of the Court
Tins Court
were clearly of opinion that the plaintiff -was entitled to recover. By the submission, under a rule of court, of an action pending, the party recovering doubtless has his remedy against the body and estate of his debtor upon the execution ; the demand passes into judgment, and satisfaction may be obtained as in other cases. The plaintiff has pursued that remedy in this case, and has either the body in execution or a bond in his possession which was made to the sheriff for the liberty of the prison-yard in lieu of the body.
Having the body in execution, he is not entitled to another…
2Cases cited7 opinions
- Sunderland v. LoderNew York Supreme Court · 1830
- Cooper v. BigalowNew York Supreme Court · 1823
- Koenig v. . SteckelNew York Court of Appeals · 1874
- Hooper v. CoxMassachusetts Supreme Judicial Court · 1875
- Moore v. LoringMassachusetts Supreme Judicial Court · 1871
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