Carpenter v. Briggs
Supreme Court of Vermont
This was an action on a jail bond, given upon a commitment of the defendant, Briggs, on an execution issued on a judgment in favor of the plaintiffs against him, rendered in March, 1840. The defendants pleaded in bar, as to the sum of $48.18, that on the 17th of July 1838, the defen- " dant, Briggs, paid to the plaintiffs the said sum of $48.18, parcel of the debt in the plaintiff’s declaration mentioned, which was accepted by the plaintiffs.
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This was an action on a jail bond, given upon a commitment of the defendant, Briggs, on an execution issued on a judgment in favor of the plaintiffs against him, rendered in March, 1840. The defendants pleaded in bar, as to the sum of $48.18, that on the 17th of July 1838, the defen- " dant, Briggs, paid to the plaintiffs the said sum of $48.18, parcel of the debt in the plaintiff’s declaration mentioned, which was accepted by the plaintiffs. And for further plea in bar as to the said sum of $48.18, the defendants alleged that the said judgment was recovered against Briggs in an action of…
1Opinion of the Court
*40The opinion of the court was delivered by
Redfield, J.
In this case, there are two pleas of part payment, both of which are not sufficient to cover the entire declaration. To these pleas the plaintiffs demur. The refinements in the English books, in regard to pleas in bar, which go only to a part of the declaration, leaving a portion unanswered, are nice to a degree which renders some of them not very intelligible. It seems to be admitted by the writers upon this subject, both English and American, that the rule in Westminster Hall is, that if the plaintiff demur to such pleas, he thereby…
2Cases cited3 opinions
- Hicok v. CoatesNew York Supreme Court · 1829
- Slocum & Hogan v. DespardNew York Supreme Court · 1832
- Edwards v. WhiteSupreme Court of Connecticut · 1837
3Cited by4 opinions
- Clement v. GrahamSupreme Court of Vermont · 1906
- Green v. ShurtliffSupreme Court of Vermont · 1847
- Murdock v. HicksSupreme Court of Vermont · 1878
- Freeman v. HenrySupreme Court of Vermont · 1876