Thrall v. Waller
Supreme Court of Vermont
Debt, upon a decree of the court of chancery, duly enrolled, in favor of the plaintiff against the defendant, for the payment of a balance of an account between the parties, as partners. Demurrer to the declaration and joinder. There were no objections to the form of the declaration. The question presented for the decision of the court was, whether an action of debt could be maintained upon this decree of the court of chancery.
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Debt, upon a decree of the court of chancery, duly enrolled, in favor of the plaintiff against the defendant, for the payment of a balance of an account between the parties, as partners. Demurrer to the declaration and joinder. There were no objections to the form of the declaration. The question presented for the decision of the court was, whether an action of debt could be maintained upon this decree of the court of chancery. The county court decided that the declaration was sufficient, and the defendant excepted to this decision. The ground of demurrer is, that an action, at law, will not…
1Opinion of the Court
The opinion Of the court was delivered by
Redfield, J.
This is an action of debt, upon the decree of the court of chancery, for the balance of an account between partners. Tire only question is, whether the action can be maintained on such a decree. This court entertain no doubt that such actions will well lie. Courts of common law and of equity have concurrent jurisdiction in matters of account. In the case of Carpenter v. Thornton, 3 B. & A. 52, which is much urged upon the court by the counsel for the defendant, Ch. J. Abbott puts the very case in judgment as the proper basis of an action of…
2Cases cited3 opinions
- Post v. NeafieNew York Supreme Court · 1805
- Evans v. TatemSupreme Court of Pennsylvania · 1823
- Trevino v. HeinCourt of Appeals of Texas · 1884
3Cited by2 opinions
- Manly v. SlasonSupreme Court of Vermont · 1856
- Blattner v. FrostAppellate Court of Illinois · 1892