Porter v. Gile
Supreme Court of Vermont
This was an action of debt on judgment. The defendant, Aaron Gile, filed the following pleas: 1, nul tiel record; 2, payment by Stephen S. Downer, one of the defendants ; 3, release and discharge procured by said defendant Downer. The plaintiff replied by traversing all of said' pleas. Trial by jury, December term, 1871, Barrett, J., presiding. On trial the plaintiff introduced the record of said judgment and rested.
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This was an action of debt on judgment. The defendant, Aaron Gile, filed the following pleas: 1, nul tiel record; 2, payment by Stephen S. Downer, one of the defendants ; 3, release and discharge procured by said defendant Downer. The plaintiff replied by traversing all of said' pleas. Trial by jury, December term, 1871, Barrett, J., presiding. On trial the plaintiff introduced the record of said judgment and rested. The defendant, Aaron Gile, was then.sworn as a witness for the defendants, and testified as follows: Q. Who is the owner of this judgment in suit ? I suppose Mr. Asa T. Barron.…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The testimony introduced by the defendant Gile, without objection from the plaintiff, tended to show that Asa T. *522Barron claimed to own tbe judgment in suit, and was prosecuting this suit in the name of Porter for his own benefit. That the testimony offered to prove the ownership of Barron would not have been admitted, if objected to, does not show that it was not to be weighed by the jury when admitted without objection. If the plaintiff allowed inadmissible testimony to be introduced, which tended to establish a fact, the defendant had the…
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