Weeks v. Prescott
Supreme Court of Vermont
Petition to the Supreme Court. The case is stated iu the opinion. When the suggestion of bankruptcy was made the power of the counsel ceased. Knapp v. Fisher, 49 Vt. 95. The County Court should have rendered a judgment in rem, only against the property attached. This court has the power to correct the wrong.
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Petition to the Supreme Court. The case is stated iu the opinion. When the suggestion of bankruptcy was made the power of the counsel ceased. Knapp v. Fisher, 49 Vt. 95. The County Court should have rendered a judgment in rem, only against the property attached. This court has the power to correct the wrong. Scott v. Stewart, 5 Yt. 57 ; 43 Vt. 375 ; Bump Bank. 282, 290, 480, 507 ; 57 Me. 85 ; 21 Yt. 623 ; 99 Mass. 376; 56 Me. 559; 4 B. R. 1; 14 B. R. 341; Foster v. Austin, 33 Yt. 615; Montgomery v. Vinton, 37 Yt. 514; Adams et al. v. Howard, 14 Yt. 560 ; Mosseaux v. Brigham, 19 Vt. 457. This…
1Opinion of the Court
*319The opinion of the court was delivered by
Ross, J.
This is a petition to have this court bring forward upon the docket the cause of Loren Prescott v. Geo. H. & J. M. Weeks, determined at the General Term, 1880, and vacate the judgment then rendered, and render a qualified judgment against the property attached on the writ in that suit, and not a judgment against the persons of the petitioners. The ground for this asking, is, that the petitioners, before the rendition of the judgment by the County Court in that case, had been adjudged bankrupts and had regularly obtained discharges in the U. S.…
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