State's Treasurer v. Holmes
Supreme Court of Vermont
This was a writ of scire facias, calling upon the defendant to show cause, if any he had, why the plaintiff should not have execution upon a judgement, which the plaintiff, several years before, had recovered against the defendant, and which the plaintiff, in his writ of scire facias, affirmed to be in full force, whereof execution remained to be done.
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This was a writ of scire facias, calling upon the defendant to show cause, if any he had, why the plaintiff should not have execution upon a judgement, which the plaintiff, several years before, had recovered against the defendant, and which the plaintiff, in his writ of scire facias, affirmed to be in full force, whereof execution remained to be done. The defence, set up by the defendant in the county court, was, That thirty-five dollars, a part of said judgement, had been paid by the defendant, and that the remainder had been paid by one Barlow, a deputy sheriff, as agent for the defendant.…
1Opinion of the Court
Hutchinson, C. J.,
pronounced the opinion of the Court.— We find a singular state of pleadings in this case. The plea, which begins in some measure like a plea in bar, proceeds more like the answer to a bill in chancery. It is a plea to the whole yet is so pleaded, that it could never be met by any one replication, .that could end in a single issue,. The matter of this defence *114should have been presented in a form wholly different'. For instance, as to thirty-five dollars,-a part of said judgement, the plaintiff ought no.tto have his executionrbecause he, the defendant, Pa'd that sum to the…
2Cited by2 opinions
- Green v. ShurtliffSupreme Court of Vermont · 1847
- Evarts v. HydeSupreme Court of Vermont · 1878