Legal Opinion

Downer v. Rowell

Supreme Court of Vermont

Decided March 15, 1853PublishedCited by 1 opinion

Debt on judgment. Pleas, nul fiel record, and bankruptcy.— Replication that there is such a record, and to the plea in bankruptcy, replication that the bankrupt was guilty of fraud and fraudulent concealment of property, and fraudulent preference of creditors, in contemplation of bankruptcy. The defendant rejoined in estoppel, to which the plaintiff demurred.

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Debt on judgment. Pleas, nul fiel record, and bankruptcy.— Replication that there is such a record, and to the plea in bankruptcy, replication that the bankrupt was guilty of fraud and fraudulent concealment of property, and fraudulent preference of creditors, in contemplation of bankruptcy. The defendant rejoined in estoppel, to which the plaintiff demurred. The County Court, December Term, 1832, — Collamer J., presiding, — adjudged that there is such a record, as averred, and held the rejoinder sufficient, and gave judgment for the defendant. Exceptions by plaintiff. I. The provisions of…

1Opinion of the Court

The opinion of the court was delivered by

Bennett, J.

It has been argued that the plea in bar is bad. We think there may be some difficulty in sustaining it; but we are not inclined to pass upon it. It will be much easier for the defendant hereafter to make a plea free from objection, if occasion should call for it, than for the court to sustain the present one. Treating the plea as good, we see no reason why the replication is not a good answer to it, and the question is upon the rejoinder.

This the* counsel have criticised with some severity; claiming that the estoppel is not well pleaded in…

2Cited by1 opinion

  1. In re AntisdelDistrict Court, D. Michigan · 1878

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