Hopkinson v. Sears
Supreme Court of Vermont
Assumpsit, for money had and received, for money paid out, and for money lent. Plea, non-assumpsit, and trial by jury. On the trial in the county court the following facts appeared.
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Assumpsit, for money had and received, for money paid out, and for money lent. Plea, non-assumpsit, and trial by jury. On the trial in the county court the following facts appeared. The defendant was a deputy sheriff, and had in his hands for collection an execution in favor of William Stevens against the plaintiff, on which the plaintiff had turned out certain articles of property. • The plaintiff preferred to the county court his petition to set aside the judgment on which said execution issued, and for a new trial; procured the judge’s supersedeas of said execution, and caused said…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
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At common law no formal order of supersedeas is made upon the granting of a writ of error, at least so far as the party is concerned. In practice the writ is sued out before the final judgment, and takes effect from the time of signing final judgment, if bail be put in within four days, and this time is reckoned from the time judgment is not only signed but made up in form. Blackburn v. *498Kymer, 5 Taunton, 672. If the writ is sued out after final judgment, as still it may be, it operates as a supersedeas or stay of execution, from the time…
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