Smith v. Howard
Supreme Court of Vermont
Judgment was rendered in this case at tbe May term, 1867, of the county court, and an execution issued July 15, 1867, against the goods, chattels and lands of the defendant, but not against bis body. It was returned nulla bona.
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Judgment was rendered in this case at tbe May term, 1867, of the county court, and an execution issued July 15, 1867, against the goods, chattels and lands of the defendant, but not against bis body. It was returned nulla bona. At the December term of the court, the plaintiffs moved to have the suit brought forward and entered on the docket, and that the entry of judgment be stricken off, and tbe judgment vacated, and judgment be rendered at tbe December term for the plaintiffs on the report, and that they might have execution thereon in pursuance of the precept of the original writ. The…
1Opinion of the Court
*77The opinion of the court was delivered by
Pecic, J.
The plaintiffs recovered final judgment in the county court at the May term, 1867, in an action of general assumpsit. At the December term, 1867, on motion of the plaintiffs and against objection by the adverse party, the county court, under an order to that effect, brought forward the case, vacated the judgment, and rendered judgment for the same damages and costs as in the former judgment, adding thereto interest on the damages in the mean time. To this whole proceeding at the December term, 1867, the defendant excepts.
The motion of the…
2Cited by6 opinions
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- St. Pierre v. BeauregardSupreme Court of Vermont · 1931
- Pond v. CampbellSupreme Court of Vermont · 1884
- Davis v. Nelson's EstateSupreme Court of Vermont · 1901
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