Beech v. Abbott
Supreme Court of Vermont
This was an action of debt on judgment recovered before a justice of the peace, June 18, 1829. Plea, nil debit. The plaintiff offered the copy of the record of the judgment. The defendant objected, but the same was admitted by the court, to which decision the defendant excepted.
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This was an action of debt on judgment recovered before a justice of the peace, June 18, 1829. Plea, nil debit. The plaintiff offered the copy of the record of the judgment. The defendant objected, but the same was admitted by the court, to which decision the defendant excepted. It appearing by said copy, that the judgment was recovered in an action of trover for a pair of stag oxen, without personal notice, the defendant then residing in Canada — the defendant was permitted to go into the merits of said judgment. It also appeared by the copy, that there was no recognizance entered in case of…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
— The positions which the defendant has taken, in this case, are, first, that the judgment, on which the suit was brought, which was rendered, June 18th, 1829, in an action of trover, is void. Second, that if the judgment is not void, yet as he is permitted, by statute, to inquire into the merits of that judgment, and give in evidence any matter or thing, which would have discharged him on the original cause of action, he contends that the right of possession in the two stag-oxen, for converting which, judgment, in the original action,…
2Cited by12 opinions
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- Cordrey v. SteamshipOregon Supreme Court · 1922
- Darnell v. MackNebraska Supreme Court · 1896
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