Pollard v. Wilder
Supreme Court of Vermont
This was an action of debt, brought to recover the penalty given by statute for being party to a fraudulent conveyance. The action was commenced subsequent to the time when the Revised Statutes came in force, but the cause of action accrued prior to their enactment.
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This was an action of debt, brought to recover the penalty given by statute for being party to a fraudulent conveyance. The action was commenced subsequent to the time when the Revised Statutes came in force, but the cause of action accrued prior to their enactment. The magistrate, who signed the writ, indorsed upon it and signed a minute in these words ; — “The within writ was exhibited to me this thirteenth day of‘May, in the year of our Lord eighteen hundred and forty one.” The writ was made returnable at the May Term of Windsor County Court, 1841,. and was, at that term, entered in court;…
1Opinion of the Court
The opinion of the court was delivered by
Hebard, J.
The statute in force at the time the action is commenced, and not the statute in force at the time of the alleged fraudulent sale, must determine what certificate is to be made upon the writ by the magistrate. The statute, in this respect, goes merely to the remedy, and not to the right. And upon this point the statute is direct and positive. The Revised Statutes, page 304, sec. 9, provide that, “ when any action shall be commenced in any of the cases mentioned in this chapter, (he clerk, or magistrate, signing the writ, shall enter upon it a…
2Cited by12 opinions
- Valz v. Sheepshead Bay Bungalow Corp.New York Court of Appeals · 1928
- Howe v. Lisbon Savings Bank & Trust Co.Supreme Court of Vermont · 1940
- Wheelock v. SearsSupreme Court of Vermont · 1847
- Wade v. Wade's Admr.Supreme Court of Vermont · 1908
- Hill v. MoreySupreme Court of Vermont · 1854
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