Denison v. Williams
Supreme Court of Connecticut
IN ERROR. This was an action of debt, brought by Williams against Denison, on a judgment of the county court for New-London county, in December, 1811. The writ was dated and served in February, 1820. On a demurrer to the declaration, which was general, (a) judgment was rendered for the plaintiff; and thereupon the defendant brought the present writ of error. contended, That the action of debt on judgment would not lie, in this state, except where it became necessary to…
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IN ERROR. This was an action of debt, brought by Williams against Denison, on a judgment of the county court for New-London county, in December, 1811. The writ was dated and served in February, 1820. On a demurrer to the declaration, which was general, (a) judgment was rendered for the plaintiff; and thereupon the defendant brought the present writ of error. contended, That the action of debt on judgment would not lie, in this state, except where it became necessary to resort to it, in order to obtain the full benefit of the judgment; and the ground of this necessity must be stated in the…
1Opinion of the Court
Hosmer, Ch. J.
Whether an action of debt is sustainable on judgment, exclusively considered, unaccompanied by the averment of special facts showing a reason for bringing the suit, is the sole question in the present case.
By the superior court, it has been determined, that debt on judgment is not maintainable, unless it be made to appear, that the plaintiff cannot have the effect of his judgment without it. Welles v. Dexter, 1 Root 253. And by the same court, it has been decided, that the action is sustainable, without the allegation of a special cause. Sterne v. Spalding, Kir. 177. Case in…
2Cases cited1 opinion
- Welles v. DexterSupreme Court of Connecticut · 1791
3Cited by18 opinions
- Fisher, Brown & Co. v. FieldingSupreme Court of Connecticut · 1895
- Barber v. International Co. of MexicoSupreme Court of Connecticut · 1902
- Hamilton v. City of New HavenSupreme Court of Connecticut · 1909
- Garguilo v. MooreSupreme Court of Connecticut · 1968
- Kingsland & Co. v. ForrestSupreme Court of Alabama · 1850
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