Burns v. Belknap
Supreme Court of Vermont
Debt upon two judgments, rendered by the district court of the state of Maine, held at Alfred, in the county of York, February Term, 1847, — one for $434,91 damages, and $9,27 costs, and the other for $111,76 damages and $9;27 costs.
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Debt upon two judgments, rendered by the district court of the state of Maine, held at Alfred, in the county of York, February Term, 1847, — one for $434,91 damages, and $9,27 costs, and the other for $111,76 damages and $9;27 costs. The defendant pleaded, — 1. Nul tiel record ; upon which plea issue was joined ;— 2. Nil debet; to which the plaintiff demurred ; — 3. That the judgments described in the declaration were rendered in actions of scire facias, and that the writs in said actions were severally sued out and dated on the fifth day of December, 1846, and that no service thereof was…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
It is, it must be conceded, well settled, that a judgment of a sister state may be impeached, if the defendant were *425in no way subject to the legal process of such state, or amenable to her laws, when the judgment was rendered against him ; and such, it is claimed by the defendant, was the fact in this case; and this is the important inquiry. That we may have a full understanding of this question, it may be well to recur briefly to the facts of the case.
It seems in February, 1842, the plaintiff prayed out his writ against Dougherty and…
2Cases cited1 opinion
- Todd v. DarlingSupreme Judicial Court of Maine · 1833
3Cited by1 opinion
- Tudor v. TaylorSupreme Court of Vermont · 1853