Leonard v. Sibley
Supreme Court of Vermont
Writ oe Error to review a judgment rendered for the defendants in error at the March Term, 1903, Washington County, Staff or d¿ J., presiding. The assignments of error are: (1) That the court should -not have continued the original suit for assessment of danv ages, since said suit w'as for a sum certain, the action being ■debt on judgment.
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Writ oe Error to review a judgment rendered for the defendants in error at the March Term, 1903, Washington County, Staff or d¿ J., presiding. The assignments of error are: (1) That the court should -not have continued the original suit for assessment of danv ages, since said suit w'as for a sum certain, the action being ■debt on judgment. (2) That the court should not have entered judgment against the defendants in the original suit at the September Term, 1902, since judgment by default had already been entered at the March Term, 1889. (3) That the court should not have granted execution,…
1Opinion of the CourtWatson, J.
This case is here on writ of error. The original action against the plaintiffs in error was by trustee process with a declaration of debt on judgment, and was returnable to and entered in the County Court at the December Term, 1889. At that time the plaintiffs in error made no appearance; whereupon judgment was rendered against them by default, a claimant of the funds in the hands of the trustee entered in the suit, and a commissioner was appointed to1 determine and report to the court the liability of the trustee and the right of the claimant. The cause was then continued for the assessment…
2Cases cited5 opinions
- Jones v. SpearSupreme Court of Vermont · 1849
- Webb v. WebbSupreme Court of Vermont · 1844
- Hapgood v. GoddardSupreme Court of Vermont · 1854
- Spring v. AyerSupreme Court of Vermont · 1851
- Passumpsic Bank v. BeattieSupreme Court of Vermont · 1859