Bradley v. Briggs
Supreme Court of Vermont
Debt upon a judgment rendered by Chittenden county court, March Term, 1838. The writ was served March 9, 1847. The defendants pleaded, — 1. Nul tiel record; — 2. That the cause of action did not accrue to the plaintiff within eight years next before the commencement of this suit j — 3. Payment. These pleas were traversed. Trial by jury, September Term, 1848, — Bennett, J., presiding.
Read the full summary
Debt upon a judgment rendered by Chittenden county court, March Term, 1838. The writ was served March 9, 1847. The defendants pleaded, — 1. Nul tiel record; — 2. That the cause of action did not accrue to the plaintiff within eight years next before the commencement of this suit j — 3. Payment. These pleas were traversed. Trial by jury, September Term, 1848, — Bennett, J., presiding. On trial the plaintiff gave in evidence the record of the judgment declared upon, and the first and second executions which issued thereon, but did not produce the pluries execution, which it appeared was issued…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
Under the issue of payment, the defendants rely upon the presumption arising from the non-production of the pluries execution. We think, that the record of the proceedings in chancery was properly admitted, at least under that issue. The present suit was commenced less than eight years from the time the injunction was granted, which was the twenty second of July, 1839. The pluries execution was issued the twenty seventh day of March, 1839, and went into the hands of the proper officer to execute. The sixty days had run, before the injunction…
2Cases cited1 opinion
- Gailer v. GrinnelSupreme Court of Vermont · 1828