Downer v. Rowell
Supreme Court of Vermont
Debt on judgment. The defendant pleaded a discharge in bankruptcy, under the act of Congress of 1841; to which the plaintiff replied setting forth various and distinct acts of fraud, in avoidance of the discharge in bankruptcy. . To the replication the defendant demurred specially. The County Court, December Term, 1853, — Collamer, J. presiding, — adjudged the replication insufficient, and rendered judgment for the defendant. Exceptions by plaintiff.
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Debt on judgment. The defendant pleaded a discharge in bankruptcy, under the act of Congress of 1841; to which the plaintiff replied setting forth various and distinct acts of fraud, in avoidance of the discharge in bankruptcy. . To the replication the defendant demurred specially. The County Court, December Term, 1853, — Collamer, J. presiding, — adjudged the replication insufficient, and rendered judgment for the defendant. Exceptions by plaintiff. I. It is conceded, that in Harrington v. McNaughton, 20 Vt. 293, this question was decided adversely to the plaintiff’s claim; but it is…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
To this declaration in debt on judgment, the defendant has pleaded a discharge under the late bankrupt act. If the answer to the plea is to be regarded as a technical replication, it is manifestly defective under this demurrer; as being double, and containing several distinct and independent matters, each of which constitutes a sufficient answer to the plea. This is not permitted in a replication. The defendant may plead several pleas, each of which may contain distinct matters of defence; but the replication *400to each of the pleas must be…
2Cases cited3 opinions
- Harrington v. McNaughtonSupreme Court of Vermont · 1848
- Pike v. McDonaldSupreme Judicial Court of Maine · 1851
- Spalding v. DixonSupreme Court of Vermont · 1848
3Cited by9 opinions
- Imlay v. CarpentierCalifornia Supreme Court · 1859
- Noyes v. HubbardSupreme Court of Vermont · 1892
- Evarts v. HydeSupreme Court of Vermont · 1878
- In re StansfieldDistrict Court, D. Nevada · 1877
- Conway v. SeamonsSupreme Court of Vermont · 1883
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