Stevens v. Fisher
Supreme Court of Vermont
Debt upon a judgment of a justice of the peace. The pleadings and facts in the case sufficiently appear from the opinion of the court. The county court,— Pierroint, J., presiding,— at the September Term, 1856, rendered judgment for the plaintiff. Exceptions by the defendant. The property attached was so insignificant as to, preclude the idea of ownership in the defendant and lead to the suspicion of fraud.
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Debt upon a judgment of a justice of the peace. The pleadings and facts in the case sufficiently appear from the opinion of the court. The county court,— Pierroint, J., presiding,— at the September Term, 1856, rendered judgment for the plaintiff. Exceptions by the defendant. The property attached was so insignificant as to, preclude the idea of ownership in the defendant and lead to the suspicion of fraud. Beach v. Abbott, 6 Yt. 586. The replication does not aver that the defendant comes within the excepting clause of the statute of limitations. Such a replication is a discontinuance. 1 Chit.…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
This is an action of debt, predicated upon a judgment of a justice of the peace, purporting to have been rendered on the 3d day of June, 1834. The defendant has pleaded to the action, first, nul tiel record; second, payment, and third, the statute of limitation. Upon the first two pleas issue is taken, and to the *202third there is a replication that the defendant was out of the state before and at the time the cause of action accrued, and that he did not thereafter come into the state until the 1th day of February, 1855, which was less than…
2Cases cited1 opinion
- Ellsworth v. LearnedSupreme Court of Vermont · 1849
3Cited by5 opinions
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- Wood v. AgostinesSupreme Court of Vermont · 1899
- Burnham v. CourserSupreme Court of Vermont · 1896
- Rollins v. ClementSupreme Court of Vermont · 1876
- Batchelder v. BarberSupreme Court of Vermont · 1894