Legal Opinion

Colony v. Maeck

Supreme Court of Vermont

Decided April 15, 1836PublishedCited by 4 opinions

This was an action of debt on recognizance. — Pleas, nvl tiel record, and pleas in bar that -the court before whom said recognizance was-entered into had not jurisdiction of the subject matter of the suit. The plaintiff traversed the pleas of nul tiel record, and demurred the pleas in bar. The court decided on inspection of the record that there was such a record, and the defendant’s pleas in bar were"! insufficient. Whereupon judgment was rendered for plaintiff.

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This was an action of debt on recognizance. — Pleas, nvl tiel record, and pleas in bar that -the court before whom said recognizance was-entered into had not jurisdiction of the subject matter of the suit. The plaintiff traversed the pleas of nul tiel record, and demurred the pleas in bar. The court decided on inspection of the record that there was such a record, and the defendant’s pleas in bar were"! insufficient. Whereupon judgment was rendered for plaintiff. To the decision of the court upon the sufficiency of the pleas in bar, the defendant excepted. Exception allowed and the cause…

1Opinion of the Court

The opinion of the court was delivered by

Williams, Ch. J-

-This is an action of debt on a recognizance, entered into by the defendant in the county court, to prosecute a suit there pending, in favor of one T hompson against Colony the present plaintiff, and to pay all costs in case of failure. The suit *1160|^ Thompson against Colony was originally commenced before a justice of the peace, a judgment was rendered by the justice in favor of Thompson, Colony appealed to the county court, and inasmuch as the matter in demand was over one hundred dollars, the county court dismissed the suit and taxed…

2Cited by4 opinions

  1. Hayden v. Caledonia National BankSupreme Court of Vermont · 1942
  2. First National Bank of Plattsburg v. PostSupreme Court of Vermont · 1892
  3. White v. HallSupreme Court of Vermont · 1916
  4. Gerace v. BentleySuperior Court of The Virgin Islands · 2015

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