Wheeler v. Raymond
New York Supreme Court
On demurrer to the replication. The declaration was two promissory notes, payee against maker, dated. September 18th, 1820 j one for $2o0, payable June 1st-, after date, To these were added the the other for $100, at 90 days, usual money counts, and an insimul computasseni Plea in abatement, that before the filing of the bill in this cause, proceedings by foreign attachment were commenced *against the defendant under a statute of the State of Vermont, (setting out the…
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On demurrer to the replication. The declaration was two promissory notes, payee against maker, dated. September 18th, 1820 j one for $2o0, payable June 1st-, after date, To these were added the the other for $100, at 90 days, usual money counts, and an insimul computasseni Plea in abatement, that before the filing of the bill in this cause, proceedings by foreign attachment were commenced *against the defendant under a statute of the State of Vermont, (setting out the statute,) in the county court of the county of Bennington, upon which the defendant was impleaded as garnishee or trustee in…
1Opinion of the Court
Curia, per Savage, Ch. J.
The objection to this replication is, that it seeks to put in issue facts which have been adjudicated in the court in the state of Vermont. The first is, that the plaintiff was not an absconding or concealed debtor, within the meaning of the laws of Vermont; 2. *314That Johnson was. not a. creditor of the plaintiff *iin thia,suit; 3: That the plaintiff wasmot indebted to.the defendant, Raymond.
The. replication does.-not deny- the. judgment imthe-, stai.O; of Vermont. The plea w.as,- that the plaintiff appeared;', in, the court in Vermont by his attorney., and" might have…
2Cases cited3 opinions
- Mills v. DuryeeSupreme Court of the United States · 1813
- Borden v. FitchNew York Supreme Court · 1818
- Prescott v. HullNew York Supreme Court · 1820
3Cited by27 opinions
- Kenney v. GreerIllinois Supreme Court · 1851
- The Chemung Canal Bank v. . JudsonNew York Court of Appeals · 1853
- President of the Bank of the United States v. Merchants Bank of BaltimoreCourt of Appeals of Maryland · 1848
- Hitchcock & Fitch v. AickenNew York Supreme Court · 1803
- Ritchie v. CarpenterWashington Supreme Court · 1891
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