Currier v. King
Supreme Court of Vermont
General Assumpsit. Heard on the defendant’s demurrer to plaintiff’s surrejoinder, at March Term, 1907, Essex County, Taylor, J., presiding. Demurrer overruled and surrejoinder adjudged sufficient; whereupon judgment was rendered for the plaintiff to be satisfied solely from the property attached. The defendant excepted. The opinion recites the substance of the pleadings in question.
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General Assumpsit. Heard on the defendant’s demurrer to plaintiff’s surrejoinder, at March Term, 1907, Essex County, Taylor, J., presiding. Demurrer overruled and surrejoinder adjudged sufficient; whereupon judgment was rendered for the plaintiff to be satisfied solely from the property attached. The defendant excepted. The opinion recites the substance of the pleadings in question. By contesting defendant’s claim to a homestead, plaintiff elected to waive his attachment lien. White v. White, 68 Yt. 161. And plaintiff is estopped from taking judgment against this property by the judgment of…
1Opinion of the CourtTyler, J.
Assumpsit in the common counts. The writ is dated April 10, 1905, was served on the same day by attaching all the defendant’s real estate in the towns of Brighton and Newark, and was returnable April 25 to a justice of the peace. The ease was continued from time to time till May 13. The plaintiff sought to recover an overdue instalment of one hundred dollars on a six hundred dollar promissory note.
The defendant pleaded, actionem non, that Sept. 30, 1905, he filed his petition to be adjudged a bankrupt in the U. S. District court, district of Vermont, that he was afterwards adjudged a…
2Cases cited6 opinions
- Thompson v. FairbanksSupreme Court of Vermont · 1903
- Lapham v. BriggsSupreme Court of Vermont · 1854
- White v. WhiteSupreme Court of Vermont · 1896
- Bailey's Admx. v. GleasonSupreme Court of Vermont · 1903
- Lewis v. JewettSupreme Court of Vermont · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Lane v. Town of GraftonSupreme Court of Vermont · 1997
- New York Central Railroad v. ClarkSupreme Court of Vermont · 1918
- Rosenthal v. LangleySupreme Court of Georgia · 1935
- Spaulding v. Mutual Life InsuranceSupreme Court of Vermont · 1920
- In Re ThompsonSupreme Court of Vermont · 1939
3 more not listed; retrieve them via the Exa API.