Farr v. Ladd
Supreme Court of Vermont
Debt upon a Judgment. There was no plea filed in the ease, and no question was made, but that the record of the justice of the peace, before whom the declaration alleges the recovery to have been had, shows such judgment as is alleged. It was a conceded fact in the case that the record’showed such judgment by confession.
Read the full summary
Debt upon a Judgment. There was no plea filed in the ease, and no question was made, but that the record of the justice of the peace, before whom the declaration alleges the recovery to have been had, shows such judgment as is alleged. It was a conceded fact in the case that the record’showed such judgment by confession. Upon the trial at the September Term, 1863, Peck, J., presiding, L. L, Durant, who by leave of court entered as subsequent attaching creditor by trustee process, offered to show by parol, by himself and Luther Henry, that the defendant never appeared personally before the…
1Opinion of the Court
Poland, Ch. J.
The defence in this case is made by the subsequent attaching creditor.
The statute authorizes a' subsequent attaching creditor to appear in *158the prior suit and contest the validity of the debt or claim on which it is founded.
It has heretofore been decided that a subsequent attaching creditor thus appearing is confined to defences to the merits, and that he cannot plead in abatement, or make other dilatory objection to the action.
In the case of Fletcher v. Bennett, 36 Vt. 659, the court had occasion to consider the extent of the right of such creditor to make defence to the prior…
2Cases cited6 opinions
- James A. Shedd & Co. v. Bank of BrattleboroSupreme Court of Vermont · 1860
- Beech v. RichSupreme Court of Vermont · 1841
- Eastman v. WatermanSupreme Court of Vermont · 1854
- Spaulding v. ChamberlinSupreme Court of Vermont · 1840
- Barnard v. FlandersSupreme Court of Vermont · 1840
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. ShawSupreme Court of Vermont · 1901
- In re BodwellSupreme Court of Vermont · 1894
- Stratton v. LyonsSupreme Court of Vermont · 1880
- Wallace v. BerrySupreme Court of Vermont · 1879