Downer v. Chamberlin
Supreme Court of Vermont
Debt on Judgment. The defendant pleaded as follows: “ And now the said Clark Chamberlin, the defendant, comes and * defends &c., when &e., and for plea says, that the said plaintiff ‘ ought not to have or maintain his aforesaid action thereof against ‘ him, because he says, that at the time of rendering the said sup- ‘ posed judgment in the plaintiff’s declaration mentioned, to wit, on ‘ the second day of December, 1837, if any such was ever rend- ‘ ered, he, the defendant,…
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Debt on Judgment. The defendant pleaded as follows: “ And now the said Clark Chamberlin, the defendant, comes and * defends &c., when &e., and for plea says, that the said plaintiff ‘ ought not to have or maintain his aforesaid action thereof against ‘ him, because he says, that at the time of rendering the said sup- ‘ posed judgment in the plaintiff’s declaration mentioned, to wit, on ‘ the second day of December, 1837, if any such was ever rend- ‘ ered, he, the defendant, then was and ever since that time has been ‘ a citizen of and resided in the state of Vermont, one of the United *…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
The causes of demurrer may be comprised in the following objections to the plea. It is first objected, that the plea does not set forth the proceedings had to entitle the defendant to his discharge and certificate. A party relying upon this kind of defence *417is certainly at liberty to set out the proceedings in his plea. And if he attempt to do so, none of the legal requisites can safely be omitted. But the act of Congress evidently intended to authorize a general plea of the discharge and certificate only. It says, that “ such discharge and…
2Cited by2 opinions
- Bailey's Admx. v. GleasonSupreme Court of Vermont · 1903
- Van Gieson v. MagoonHawaii Supreme Court · 1910