Legal Opinion

Mott v. Mott

Supreme Court of Vermont

Decided January 15, 1833PublishedCited by 8 opinions

This was an action of debt on judgement pending in the County Court. The writ was issued against the defendant and one John Mott, but the officer returned a non est in-ventus as to the latter. The plaintiff counted in his declaration upon a judgement in his favor against defendant and said John Mott. Defendant appeared and plead 1st. Nul Tiel. Record. 2d.

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This was an action of debt on judgement pending in the County Court. The writ was issued against the defendant and one John Mott, but the officer returned a non est in-ventus as to the latter. The plaintiff counted in his declaration upon a judgement in his favor against defendant and said John Mott. Defendant appeared and plead 1st. Nul Tiel. Record. 2d. A plea in offset, that the plaintiff was indebted to him and said John Mott in a larger amount than now claimed by the plaintiff. To this last plea in offset the plaintiff demurred. The first issue ■ having been found for the plaintiff, the…

1Opinion of the Court

The opinion of the Court was pronounced by

Williams, J.

This action was commenced against Joseph S- Mott & John Mott, as appears both by the writ and declaration. The Sheriff returned that he could neither find body nor estate of the said John Mott within his precinct. According to the practice in this State the suit then proceeded against Joseph S- Mott alone, who appeared and plead in offset to the plaintiff’s demand, that the plaintiff was indebted to him and the said John, who was originally sued with him, in a greater amount than the plaintiff here claimed. It appears that the plaintiff…

2Cited by8 opinions

  1. Adams v. BlissSupreme Court of Vermont · 1844
  2. Collins v. CampbellSupreme Judicial Court of Maine · 1902
  3. Brodek v. FarnumWashington Supreme Court · 1895
  4. Porter v. PorterSupreme Judicial Court of Maine · 1862
  5. Lamoille County National Bank v. HuntSupreme Court of Vermont · 1900

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