Dunning v. Owen
Massachusetts Supreme Judicial Court
The plaintiff declares in debt on a judgment recovered by him against the said Owen, at the Court of Common Pleas for this county, June term, 1811, for the sum of 536 dollars 16 cents damage, and 16 dollars 99 cents costs; which judgment he alleges to be in full force, not reversed, annulled, or satisfied, although a writ of execution had issued thereon; whereby an action has accrued to him, to recover the said sums, with 16 dollars 69 cents more, for the execution and…
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The plaintiff declares in debt on a judgment recovered by him against the said Owen, at the Court of Common Pleas for this county, June term, 1811, for the sum of 536 dollars 16 cents damage, and 16 dollars 99 cents costs; which judgment he alleges to be in full force, not reversed, annulled, or satisfied, although a writ of execution had issued thereon; whereby an action has accrued to him, to recover the said sums, with 16 dollars 69 cents more, for the execution and expenses in the service thereof. The defendant pleads in bar, that the plaintiff delivered his said execution to a deputy…
1Opinion of the CourtWilde, J.
This case turns altogether on the validity of the first rejoinder; for there is nothing in the objections made to the declaration, or to the first plea in bar; and as to the second plea, it is clearly insufficient.
The declaration sets out a judgment, and avers that the same remains in full.force, not reversed, annulled, or satisfied ; which is substantially good, without setting out the doings of the officer upon the execution. And if this were not so, the defect must be considered a formal one, and would be cured by pleading over ; the supposed deficiency in this case being supplied by the…
2Cited by4 opinions
- Spear v. BicknellMassachusetts Supreme Judicial Court · 1809
- Raymond v. ButterworthMassachusetts Supreme Judicial Court · 1885
- Jenkins v. StanleyMassachusetts Supreme Judicial Court · 1813
- Cutts v. KingSupreme Judicial Court of Maine · 1821