Bishop v. Warner
Supreme Court of Vermont
Audita Querela. The plaintiffs alleged in their complaint, that the defendant, Warner, prayed out a writ of attachment in his favor against the plaintiff Benjamin Bishop', as principal debtor, affic? therein summoned Zeno D. Bishop as trustee, in an action of debt upon a judgment, — which writ was made returnable before Lyman Cummings, a justice of the peace, on the twenty third day of October, 1846, demanding damages fifty dollars; that said writ was duly served and…
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Audita Querela. The plaintiffs alleged in their complaint, that the defendant, Warner, prayed out a writ of attachment in his favor against the plaintiff Benjamin Bishop', as principal debtor, affic? therein summoned Zeno D. Bishop as trustee, in an action of debt upon a judgment, — which writ was made returnable before Lyman Cummings, a justice of the peace, on the twenty third day of October, 1846, demanding damages fifty dollars; that said writ was duly served and returned; and that afterwards, at some time unknown to the plaintiffs, Warner fraudulently, and without law, or right, procured…
1Opinion of the Court
The opinion of the court was delivered by
Roycje, Ch. J.
The ground of complaint in this ease was the alleged want of jurisdiction in the magistrate to render the judgment, and issue the execution, which the plaintiffs sought to have vacated. The original proceedings were had, while the statute limited the jurisdiction of a justice, in the trustee process, to eases where the matter in demand between the plaintiff and principal defendant did not exceed the sum of forty dollars. The complainants alleged, that the action before the justice was debt on judgment, demanding in damages the sum of…
2Cases cited1 opinion
- Harding v. CragieSupreme Court of Vermont · 1836
3Cited by1 opinion
- Edgerton v. SmithSupreme Court of Vermont · 1863