Cleft v. Hosford
Supreme Court of Vermont
This was an action of debt on a judgment. The writ issued as an attachment against the bodies or estate of the principal debtors, and as a summons against the trustees. The principal debtors pleaded in abatement as follows:— Simeon Mears et at., trustees. J “ Elias Cleft • Hosford & Ruggles.
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This was an action of debt on a judgment. The writ issued as an attachment against the bodies or estate of the principal debtors, and as a summons against the trustees. The principal debtors pleaded in abatement as follows:— Simeon Mears et at., trustees. J “ Elias Cleft • Hosford & Ruggles. “ And the said Hosford & Ruggles, by S. H. Merrill, their “attorney, come and defend, &c., and pray judgment of the “ writ aforesaid and say that the same ought to abate, be- “ cause they say that the said writ was issued as a writ of at- “ tachment as well against the bodies of the said defendants “ as…
1Opinion of the Court
The opinion of the court was delivered by
Collameb, J.
~-By our practice, the title to a plea is of very little importance. The identity of the suit, in which the plea is filed, is all which is necessary to be ascertained from its title. It is enough if it follows the docket entry, which this plea did. It is, then, to be read as if it were attached to the writ and declaration, that is, followed them on the record. A large part of our pleas are inserted entirely without title, on the back of the writ. Though no fact can be supplied in the body of the plea, from the writ, yet the *299parties are…
2Cited by4 opinions
- Hayes v. . the PeopleNew York Court of Appeals · 1862
- Divoll v. NicholsSupreme Court of Vermont · 1898
- Hayes v. PeopleNew York Court of Appeals · 1862
- Hayes v. PeopleNew York Court of Appeals · 1862