Legal Opinion

Capen v. Woodrow

Supreme Court of Vermont

Decided August 15, 1878PublishedCited by 7 opinions

Debt on a judgment rendered by the Court of Common Pleas of Coos County, New Hampshire, at its May Term, 1857. Pleas,' nul debit, nul tiel record, want of jurisdiction in the court by which the judgment was rendered, and notice that the defendant would rely on the Statute of Limitations, on payment, and on the fact that more than eight years had elapsed after the judgment was rendered and before suit brought, during which he had resided in the state and had known attachable…

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Debt on a judgment rendered by the Court of Common Pleas of Coos County, New Hampshire, at its May Term, 1857. Pleas,' nul debit, nul tiel record, want of jurisdiction in the court by which the judgment was rendered, and notice that the defendant would rely on the Statute of Limitations, on payment, and on the fact that more than eight years had elapsed after the judgment was rendered and before suit brought, during which he had resided in the state and had known attachable property therein. Trial by jury, March Term, 1877, Ross, J., presiding. The plaintiff introduced in evidence a certified…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

This action is debt upon a judgment rendered by the Court of Common Pleas of Coos County, New Hampshire, at its May Term, 1857. The defendant pleaded nil debit, nul tiel record, and several other pleas; and gave notice that ho should rely upon the Statute of Limitations, and several other defences not specially pleaded. The plaintiff put in evidence a certified copy of the record of judgment, and rested his case. The defence also rested, and the court directed a verdict for the plaintiff, to which defendant excepted. It was more than eight…

2Cases cited3 opinions

  1. Lapham v. BriggsSupreme Court of Vermont · 1854
  2. Stevens v. FisherSupreme Court of Vermont · 1857
  3. Austin v. ChittendenSupreme Court of Vermont · 1859

3Cited by7 opinions

  1. In Re the Estate of DelliganSupreme Court of Vermont · 1940
  2. Adams v. TuckerColorado Court of Appeals · 1895
  3. Torrey v. CampbellSupreme Court of Oklahoma · 1918
  4. Evans v. RutherfordIndiana Court of Appeals · 1921
  5. Marine Midland Bank v. BicknellSupreme Court of Vermont · 2004

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