Porter v. Gile
Supreme Court of Vermont
Debt on judgment. The defendant Gile pleaded specially, “ That the said pretended judgment in said declaration mentioned, is based upon a note which was executed by said defendants by merely signing the same, and by them retained in their possession, and was made payable to said plaintiff, but was never delivered, and was never to be delivered nor collected, unless the amount of said note should be realized from the sale of a certain patent, for or about which said note was…
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Debt on judgment. The defendant Gile pleaded specially, “ That the said pretended judgment in said declaration mentioned, is based upon a note which was executed by said defendants by merely signing the same, and by them retained in their possession, and was made payable to said plaintiff, but was never delivered, and was never to be delivered nor collected, unless the amount of said note should be realized from the sale of a certain patent, for or about which said note was executed ; that said plaintiff never had, and has not now, any interest or title in .or to said note nor said judgment;…
1Opinion of the Court
The opinion of the court was delivered by
Pierpoint, Ch. J.
This action is brought upon a judgment rendered in favor of the plaintiff against the defendants. It appears that the court that rendered the judgment, had jurisdiction of the subject-matter involved, and of the parties, in the suit in which the judgment was rendered. That a judgment rendered under such circumstances is conclusive upon the parties thereto and their privies in respect to all matters involved in the suit, so long as that judgment remains in force, is a principle too well settled to admit of controversy. 8 Vt. 118; 12 Vt.…
2Cases cited3 opinions
- Parkhurst v. SumnerSupreme Court of Vermont · 1851
- Nason v. BlaisdellSupreme Court of Vermont · 1840
- Nason v. SmalleySupreme Court of Vermont · 1836
3Cited by12 opinions
- Hope v. BlairSupreme Court of Missouri · 1891
- Tebbetts v. RickartSupreme Court of Missouri · 1913
- Robinson v. LevySupreme Court of Missouri · 1909
- Town of Pawlet v. Daniel BanyaiSupreme Court of Vermont · 2024
- Fulham v. HoweSupreme Court of Vermont · 1888
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