Legal Opinion

Mott v. Hazen

Supreme Court of Vermont

Decided January 15, 1855PublishedCited by 2 opinions

Collusion between the original parties, a defence to the bail. Duplicity. •Debt on a recognizance for an appeal, by one Hamilton Babcock, from the judgment of a justice of the peace against him, in favor of the plaintiff, on the 12th day of November, 1845. The declaration contained the usual and necessary averments, in reference to which no question was made.

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Collusion between the original parties, a defence to the bail. Duplicity. •Debt on a recognizance for an appeal, by one Hamilton Babcock, from the judgment of a justice of the peace against him, in favor of the plaintiff, on the 12th day of November, 1845. The declaration contained the usual and necessary averments, in reference to which no question was made. The defendants’ plea admitted the recovery of the justice judgment, the appeal therefrom, the defendants becoming recognized therefor, the entry of the suit in the county court, its continuance therein from term to term, the decease of…

1Opinion of the Court

The opinion of the court was delivered by

Isham, J.

This recognizance was given on the appeal of the case in favor of the plaintiff against Hamilton Babcock. That suit was an action of trespass to recover damages for an injury to real estate, and while the suit was pending, the defendant deceased. It is stated in the plea, and the facts are admitted by the demurrer, that an administrator was appointed on the estate of Babcock, that his appearance was entered of record, and that a final judgment was recovered by the plaintiff against the estate. The suit was properly continued in court and…

2Cases cited2 opinions

  1. Stedman v. IngrahamSupreme Court of Vermont · 1850
  2. Peake v. KeyesSupreme Court of Vermont · 1830

3Cited by2 opinions

  1. Branan v. FeldmanSupreme Court of Georgia · 1924
  2. Yatter v. Pitkin & MillerSupreme Court of Vermont · 1900

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