Legal Opinion

Parkhurst v. Sumner

Supreme Court of Vermont

Decided August 15, 1851PublishedCited by 16 opinions

Tins was a suit upon a recognizance entered into by the defendant in an action in favor of one Sisco against the plaintiff, Parkhurst. The defendant pleaded two pleas in bar.

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Tins was a suit upon a recognizance entered into by the defendant in an action in favor of one Sisco against the plaintiff, Parkhurst. The defendant pleaded two pleas in bar. In the first plea it was alleged, that after the defendant entered into the recognizance, and before the rendition of the judgment in favor of Parkhurst against Sisco, mentioned in the plaintiff’s declaration, Parkhurst and Sisco settled and adjusted the matter in suit between them, and Parkhurst then paid to Sisco $10,00 for a final settlement and discharge of the matter in suit, which sum was received by Sisco as a…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

This is a suit upon a recognizance, and two pleas are interposed, one alleging, that the judgment in the principal action was entered up by collusion between the original parties, with a view to defraud the bail, and the other alleging, that the original plaintiff was induced to consent to the judgment for costs against him, when in a state of intoxication, procured by this plaintiff.

The subject matter of this latter plea is no doubt concluded by the judgment, both as to the principal and the bail. It is a universal rule in regard to…

2Cited by16 opinions

  1. Greenup v. CrooksIndiana Supreme Court · 1874
  2. Spencer v. DearthSupreme Court of Vermont · 1870
  3. State ex rel. Hannibal & St. Joseph Railroad v. ShacklettSupreme Court of Missouri · 1866
  4. B & E CORPORATION v. BesserySupreme Court of Vermont · 1972
  5. The TrentonDistrict Court, E.D. Michigan · 1880

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