Tarbell v. Downer
Supreme Court of Vermont
Debt on a judgment recovered in favor of the plaintiffs against the defendant at the May Term, 1854-, of the Windsor county court.
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Debt on a judgment recovered in favor of the plaintiffs against the defendant at the May Term, 1854-, of the Windsor county court. The defendant plead that at the time of the rendition of said judgment the defendant took and was allowed his exceptions to the decision of the said county court on the rendition of said judgment, and the cause was thereby duly passed to, and was at the commencement of this suit, and then was pending in the supreme court in said county of Windsor, agreeably to the statute in such case made and provided and the practice and usage in this state; by reason of which…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
The question under the first plea in bar arises, whether an action of debt can be sustained on a judgment of the county court after the allowance of exceptions, and while those *341exceptions are pending in tlie supreme court. The statute, 225s secs. 43, 48, provides that on the allowance of exceptions, whether execution is stayed or not, the case with its original files and papers shall pass to the supreme court for decision on all questions of law arising upon the trial of any issue of fact by the court or jury. It has never been considered that…
2Cases cited3 opinions
- Clark v. GoodwinMassachusetts Supreme Judicial Court · 1817
- Peck v. BarneySupreme Court of Vermont · 1840
- Dewey v. BradburySupreme Court of Vermont · 1802
3Cited by4 opinions
- In re CoteSupreme Court of Vermont · 1918
- Koerber v. Middlesex CollegeSupreme Court of Vermont · 1978
- Rich v. HolmesSupreme Court of Vermont · 1932
- Patterson v. SmithSupreme Court of Vermont · 1894