Legal Opinion

Emerson v. Paine

Supreme Court of Vermont

Decided March 15, 1837PublishedCited by 4 opinions

This was an action on the act “ directing the proceedings against the trustees of absconding or concealed debtors.” The defendant filed a plea in abatement, alleging that the plaintiff, at the time of suing out this writ, also sued out another writ, on the same cause of action, against said George Petrie, (being a writ of attachment,) and that the same was duly served and entered with this writ, in this court, and was still pending. To this there was a demurrer.

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This was an action on the act “ directing the proceedings against the trustees of absconding or concealed debtors.” The defendant filed a plea in abatement, alleging that the plaintiff, at the time of suing out this writ, also sued out another writ, on the same cause of action, against said George Petrie, (being a writ of attachment,) and that the same was duly served and entered with this writ, in this court, and was still pending. To this there was a demurrer. The county court overruled said plea. The defendant then filed his plea in bar, alleging that- said George Petrie, at the time of…

1Opinion of the Court

The opinion of the court was delivered by

Collamer, J.

The trustee interposed a plea in bar, that -Geo. Petrie was not an absconding or concealed debtor. The county court refused, on motion, summarily, to dismiss this plea, to which the plaintiff -excepts, as error. A court may, in pursuance of its own rules of practice, and in some cases, in its judicial discretion, refuse, to receive a plea, but the refusal so to do, is in the ’mere exercise of discretion, ted such a proceeding cannot be revised upon a writ of error, in the .place of which the present proceeding is. By such a course the…

2Cited by4 opinions

  1. Rindge v. GreenSupreme Court of Vermont · 1879
  2. Ferris v. FerrisSupreme Court of Vermont · 1853
  3. Hill v. WhitneySupreme Court of Vermont · 1844
  4. Ex Parte PackardMassachusetts Supreme Judicial Court · 1813

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