Kinsman v. Page
Supreme Court of Vermont
Debt upon a judgment. To the second and fourth pleas in bar of the defendant the plaintiff demurred. The second plea was, that execution issued, in due form of law, upon the judgment described in the declaration, and that the defendant was arrested and committed to prison by virtue thereof.
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Debt upon a judgment. To the second and fourth pleas in bar of the defendant the plaintiff demurred. The second plea was, that execution issued, in due form of law, upon the judgment described in the declaration, and that the defendant was arrested and committed to prison by virtue thereof. In the fourth plea, after averring the commitment, as in the second plea, it was alleged, that the defendant, upon the commitment, gave a jail bond, in due form of law, and was thereupon admittéd to the liberties of the prison, and that he departed therefrom, whereby the bond became forfeited to the…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
This is an action of debt on judgment, to which the defendant in the county court pleaded several pleas, to two of which, the second and fourth, the plaintiff demurred; and the county court adjudged the pleas insufficient. We shall only pass upon the second plea, as that must lead to a reversal of the judgment of the county court.
This plea, after admitting the judgment, as described in the declaration, proceeds to allege the issuing of the execution in due form of law against the property and body of the defendant, and a commitment of his…
2Cases cited1 opinion
- Day v. AbbottSupreme Court of Vermont · 1843
3Cited by2 opinions
- Alexander v. BobierSupreme Court of Oklahoma · 1917
- Sheeran v. SparhawkSupreme Court of Vermont · 1896