Legal Opinion

Rice v. Talmadge

Supreme Court of Vermont

Decided March 15, 1848PublishedCited by 4 opinions

Scire Facias. The plaintiffs declared, that they recovered judgment against the defendant Talmadge at the May Term, 1836, of Windsor county court, for $98,02 damages, and $17,29 costs; that at the same term they recovered a judgement, that Amos Warren, summoned as trustee of Talmadge, was chargeable, as trustee, for $20,13, payable in leather; that Talmadge absconded before the rendition of that judgment, and still resided in parts unknown; that execution of said damages and…

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Scire Facias. The plaintiffs declared, that they recovered judgment against the defendant Talmadge at the May Term, 1836, of Windsor county court, for $98,02 damages, and $17,29 costs; that at the same term they recovered a judgement, that Amos Warren, summoned as trustee of Talmadge, was chargeable, as trustee, for $20,13, payable in leather; that Talmadge absconded before the rendition of that judgment, and still resided in parts unknown; that execution of said damages and costs yet remains to be made ; and that Warren had ever refused to pay the sum for which he was adjudged chargeable as…

1Opinion of the Court

*381The opinion of the court Was delivered by

Davis, J.

This is scire facias to revive a judgment in favor of the plaintiffs against Talmadge, the principal defendant, recovered at Windsor county court, May Term, 1836, for $115,31, debt and costs. ■The declaration, after setting forth the recovery of the judgment, proceeds to state, that at the same term of the court the plaintiffs recovered a judgment in said suit, that Amos Warren was trustee of Talmadge, to the amount of 20,13, payable in leather, prout patet per recordum; and closes by calling upon the said Talmadge and Warren to show cause, if…

2Cases cited2 opinions

  1. Sawyer v. VilasSupreme Court of Vermont · 1846
  2. State Treasurer v. FosterSupreme Court of Vermont · 1835

3Cited by4 opinions

  1. Gibson v. DavisSupreme Court of Vermont · 1850
  2. National Union Bank v. BrainerdSupreme Court of Vermont · 1893
  3. Chandler v. WarrenSupreme Court of Vermont · 1858
  4. Administrator of Town v. HendeeSupreme Court of Vermont · 1855

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