Strong v. Edgerton
Supreme Court of Vermont
Scire Facias against the defendant as bail, upon mesne process, of one McKinney. The defendant pleaded nul tiel record, and also pleaded, that this- writ of scire facias was not brought within one year after the plaintiff recovered judgment against McKinney in the original suit; and both pleas were traversed, and issue joined. Trial by the court, November Adjourned Term, 1847, — Hall, J., presiding.
Read the full summary
Scire Facias against the defendant as bail, upon mesne process, of one McKinney. The defendant pleaded nul tiel record, and also pleaded, that this- writ of scire facias was not brought within one year after the plaintiff recovered judgment against McKinney in the original suit; and both pleas were traversed, and issue joined. Trial by the court, November Adjourned Term, 1847, — Hall, J., presiding. On trial it appeared, that the plaintiff recovered judgment against McKinney, in the suit in which the defendant became bail, on the twenty fourth day of February, 1845 ; that this writ of scire…
1Opinion of the Court
The opinion of the court was delivered by
Poland, J.
The first consideration in the present case is in relation to the character of the provision in the Revised Statutes, chap. 28, sec. 28, requiring writs of scire facias against bail on mesne process to be brought within one year after the rendition of the judgment against the principal. Is it to be regarded as a statute of limitation, narrowing and curtailing the plaintiff’s remedy to enforce a right, or duty, already due from the surety, and which is already fixed and absolute upon him, — as claimed by the plaintiff? Or is it to be looked…
2Cases cited3 opinions
- Hall & Chase v. J. & J. H. Peck, & Co.Supreme Court of Vermont · 1838
- McDaniels v. ReedSupreme Court of Vermont · 1845
- Nelson v. DenisonSupreme Court of Vermont · 1843
3Cited by1 opinion
- Stanley v. TurnerSupreme Court of Vermont · 1896