Hayes v. Stewart
Supreme Court of Vermont
Assumpsit upon a promissory note for $285,00, dated March 2, 1833. The suit was commenced by trustee process, in the county of Windsor, and the writ was served July 7, 1848. The defendant pleaded the statute of limitations.
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Assumpsit upon a promissory note for $285,00, dated March 2, 1833. The suit was commenced by trustee process, in the county of Windsor, and the writ was served July 7, 1848. The defendant pleaded the statute of limitations. The plaintiff replied, in substance, that the note was signed by the defendant in presence of an attesting witness; that she caused a suit to be commenced upon the note, and the writ was served upon the defendant February 26,1847, returnable at the May Term, 1847, of Windsor county court; that the suit was duly entered in court, and the defendant obtained an order, that…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
We think, that the case came properly into this court. When judgment, in the principal action, is rendered for the defendant, and exceptions are allowed, it may properly pass to the supreme court. Whenever a case is so far ended in the county court, that, if no exceptions were taken, it would go out of court, then, if exceptions are allowed, it may with propriety pass to the supreme court instead. That was the case here. If no exceptions had been allowed, it is not to be supposed, the county court could have been called upon to try the…
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