Manly v. Slason
Supreme Court of Vermont
Debt on a decree of the court of chancery. The declaration counted only upon the ordering or adjudging part of the decree. The defendant plead that the plaintiff ought not to have or maintain his said action, “because the said decree in the plaintiffs’ declaration mentioned was as follows,” and then proceeded to set forth the entire decree, including the stating or introductory part of it. To this plea the plaintiffs demurred.
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Debt on a decree of the court of chancery. The declaration counted only upon the ordering or adjudging part of the decree. The defendant plead that the plaintiff ought not to have or maintain his said action, “because the said decree in the plaintiffs’ declaration mentioned was as follows,” and then proceeded to set forth the entire decree, including the stating or introductory part of it. To this plea the plaintiffs demurred. The county court, September Term, 1855, — Pierpoint, J., presiding, — adjudged the plea insufficient, and rendered judgment for the plaintiff for the amount decreed to…
1Opinion of the Court
The opinion of the court was delivered by
Redeieed/ Oh. J.
This is an action of debt upon the decree of a court of chancery. It is settled in this state that, upon an ■absolute decree of a court of chancery, for the payment of money, an action of debt will lie. Thrall v. Waller, 13 Vt. 231. The only question in the present case is, whether this decree is of that- character.
It is a decree, in a case brought, it would seem from the recitals in the decree, to set up a lien upon certain premises, for the purchase money, in favor of the vendor, alleging also, that it was the understanding of the…
2Cases cited1 opinion
- Thrall v. WallerSupreme Court of Vermont · 1841
3Cited by2 opinions
- LaFarr v. ScribnerSupreme Court of Vermont · 1988
- Langdon v. Vermont & Canada RailroadSupreme Court of Vermont · 1882