Catlin v. Merchants Bank
Supreme Court of Vermont
This was a motion to set aside an execution issued upon a judgment from the Chittenden County Court, dated February 4th, 1863, on the ground that the judgment had been suffered to lie dormant for more than a year and a day.
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This was a motion to set aside an execution issued upon a judgment from the Chittenden County Court, dated February 4th, 1863, on the ground that the judgment had been suffered to lie dormant for more than a year and a day. The original writ was returnable to November Term, 1854, in a suit, Merchants Bank v. Henry W. Catlin, and was served October 10, 1854, by making a general attachment of all the lands in the towns of Burlington and Colchester as the property of said Catlin. A previous attachment in the same form had been made of the same lands in a suit in favor of the Union Bank against…
1Opinion of the Court
Poland, Ch. J.
This was an application by motion to the county court, to set aside an execution issued upon a judgment of that court; on the ground that the judgment had been suffered to lie dormant for more than a year and a day.
The county court refused the motion, and the matter is brought to this court by exceptions for revision. •
It is objected in the outset by the creditor in the execution, that the decision of the county court is not a proper subject of exception, and that this court have no proper jurisdiction to revise it.
If the question were now raised for the first time, I should not…
2Cases cited4 opinions
- Hapgood v. GoddardSupreme Court of Vermont · 1854
- Fletcher v. MottSupreme Court of Vermont · 1826
- Porter v. VaughnSupreme Court of Vermont · 1852
- Allen v. CarpenterSupreme Court of Vermont · 1835
3Cited by3 opinions
- Washington National Bank v. WilliamsMassachusetts Supreme Judicial Court · 1905
- Koerber v. Middlesex CollegeSupreme Court of Vermont · 1978
- Yatter v. SmilieSupreme Court of Vermont · 1900