Town of Fletcher v. Blair
Supreme Court of Vermont
Assumpsit upon a promissory note. The action was commenced before a justice of the peace, and the defendants Blair and Charles A. Scott suffered judgment by default. The defendant Ira S. Scott appeared, and, after verdict and judgment had been rendered against him, appealed, and entered the action in the county court. There was no appearance in the county court for the other two defendants, unless the appearance for Ira S. Scott necessarily operated an appearance for them.
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Assumpsit upon a promissory note. The action was commenced before a justice of the peace, and the defendants Blair and Charles A. Scott suffered judgment by default. The defendant Ira S. Scott appeared, and, after verdict and judgment had been rendered against him, appealed, and entered the action in the county court. There was no appearance in the county court for the other two defendants, unless the appearance for Ira S. Scott necessarily operated an appearance for them. After the action had been entered in the county court, the plaintiff filed a new declaration, containing a special count…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
This was a joint action against the defendants, counting upon a promissory note executed by them to the plaintiff. In such a suit there can be but one judgment. The effect of the trial by Ira S. Scott was, to suspend judgment against the other defendants, until the result of the trial was ascertained. The liability of Ira S. Scott being ascertained in the justice court, the plaintiff was entitled to a joint judgment against all the defendants; and the rendition of separate judgments against them would have been irregular. The legal effect of…
2Cited by3 opinions
- Hall v. ArmstrongSupreme Court of Vermont · 1893
- American Electric Service & Maintenance Co. v. HarmanSupreme Court of Vermont · 1931
- American Electric Service & Maintenance Co. v. HarmanSupreme Court of Vermont · 1931