Dewey v. Bradbury
Supreme Court of Vermont
DEBT on two judgments. The plaintiff declared in debt upon a judgment rendered in his favour against the defendants by the consideration of William Perry, Esquire, since deceased, on the fourth Wednesday of June, 1800, for the sum of 33 dols. 94 cts. damages, and 4 dols. 2 cts. costs of suit; which judgment he alleged to be in full force, and in no part satisfied.
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DEBT on two judgments. The plaintiff declared in debt upon a judgment rendered in his favour against the defendants by the consideration of William Perry, Esquire, since deceased, on the fourth Wednesday of June, 1800, for the sum of 33 dols. 94 cts. damages, and 4 dols. 2 cts. costs of suit; which judgment he alleged to be in full force, and in no part satisfied. The defendants pleaded in bar, confessing the judgment so to have been rendered, but that afterwards, to wit, on the 24th day of June, 1800, the plaintiff purchased out his writ of execution against them in due form of law to levy…
1Opinion of the Court
Curia.
The question to be considered has been already stated. It must be resolved by a correct construction of the several statutes which form our system, made to compel the payment of debts.
Upon a judgment debt the creditor may take out his writ of execution against his debtor or debtors. This writ combines the English writs' of capias ad satisfaciendum, fieri facias, de bonis, and elegit, with *205a further power respecting the levy upon real estate, unknown to the English law.
The creditor has a right to elect which power he will put in effect to collect his debt. If he directs the officer to…
2Cited by1 opinion
- Tarbell v. DownerSupreme Court of Vermont · 1857