Legal Opinion

Belknap v. Davis

Supreme Court of Vermont

Decided March 15, 1849PublishedCited by 3 opinions

Scire Facias against the defendant, as bail for one Pliny E. Davis upon mesne process in favor of the plaintiff against said Pliny.

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Scire Facias against the defendant, as bail for one Pliny E. Davis upon mesne process in favor of the plaintiff against said Pliny. The plaintiff alleged, that he recovered judgment in his suit against Pliny E. Davis on the first day of November, 1842, and that the execution which was obtained against him was returned non est inventus December 30, 1842. The defendant pleaded in bar, that Pliny E. Davis, after the rendition of the judgment in favor of the plaintiff against him, and before the execution was returned non est inventus, to wit, December 26, 1842, obtained a discharge in…

1Opinion of the Court

The opinion of the court was delivered by

Kellogg, J.

This was an action of scire facias against the defendant, as bail on mesne process for one Pliny E. Davis. The defendant pleaded the discharge and certificate of his principal, as a bankrupt, setting forth all the proceedings in the court, where the discharge was obtained, anterior to the certificate. Upon this plea issue was taken, denying that any notice was given to the plaintiff of the application for a discharge. Upon the trial of the issue, the only evidence, introduced in support of the plea, was the record of the proceedings in the…

2Cases cited1 opinion

  1. Olcott v. LillyNew York Supreme Court · 1809

3Cited by3 opinions

  1. Wright v. BurbeeSupreme Court of Vermont · 1941
  2. McFarland v. WilburSupreme Court of Vermont · 1862
  3. Walker v. WatermanSupreme Court of Vermont · 1877

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