Gibson v. Davis
Supreme Court of Vermont
Scire Facias. It was alleged in the declaration, that the plaintiff, on the twenty third of January, 1846, commenced a suit before Simeon Leland, Esq., a justice of the peace, upon a promissory note, against one Clark, and therein summoned the defendant Davis as trustee of Clark ; that the writ was duly served and returned, and the plaintiff recovered judgment against Clark for $15,37 damages, and $1,99 costs of suit; and that the plaintiff, by the consideration of said…
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Scire Facias. It was alleged in the declaration, that the plaintiff, on the twenty third of January, 1846, commenced a suit before Simeon Leland, Esq., a justice of the peace, upon a promissory note, against one Clark, and therein summoned the defendant Davis as trustee of Clark ; that the writ was duly served and returned, and the plaintiff recovered judgment against Clark for $15,37 damages, and $1,99 costs of suit; and that the plaintiff, by the consideration of said justice Leland, also •“ recovered judgment against said Davis, as the trustee of said Clark,” — without stating for what…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
We think the declaration is clearly insufficient. The defendant is not, as appears from the record, as set up in the declaration, fixed with any debt, duty, or obligation, as trustee, by the judgment of Justice Leland, upon which a scire facias could be properly grounded. All that the record shows is, that the plaintiff recovered a judgment against the defendant, as the trustee of Clark. *375It should appear, for what the trustee was made chargeable. Without this, there can be no certainty in the judgment, or the declaration.
Besides, a writ of…
2Cases cited1 opinion
- Rice v. TalmadgeSupreme Court of Vermont · 1848
3Cited by4 opinions
- J. I. Case Threshing Machine Co. v. EdmistenNebraska Supreme Court · 1909
- Betts v. JohnsonSupreme Court of Vermont · 1896
- Western Surety Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1938
- Chandler v. WarrenSupreme Court of Vermont · 1858