Stedman v. Ingraham
Supreme Court of Vermont
Scire Facias upon a recognizance by the defendant for costs in a suit in favor of Herrick Ingraham against this plaintiff, — judgment by nonsuit being averred to have been rendered in that suit.
Read the full summary
Scire Facias upon a recognizance by the defendant for costs in a suit in favor of Herrick Ingraham against this plaintiff, — judgment by nonsuit being averred to have been rendered in that suit. The defendant pleaded nil debet, and also pleaded, that Herrick In-graham died during the pendency of the former suit, that H. E. Stoughton was appointed his administrator, that the administrator neglected to enter and prosecute the suit, and was cited, after two terms had elapsed, to prosecute the suit, and that, the administrator neglecting then- to appear, the judgment of nonsuit was obtained. To…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The facts material to the determination of the present case are, that one Herrick Ingraham brought a suit against the plaintiff, for the prosecution of which the defendant became recognized. Herrick Ingraham died, and H. E. Stoughton was appointed his administrator, — and after two terms had elapsed, the plaintiff caused Stoughton to be cited to prosecute the suit. He made no appearance and the county court gave judgment against the estate, as of nonsuit.
The only question is, whether that judgment is to be regarded as so irregular, that it…
2Cited by5 opinions
- Calhoun v. GrayMissouri Court of Appeals · 1910
- McClaskey v. BarrU.S. Circuit Court for the District of Southern Ohio · 1897
- Mott v. HazenSupreme Court of Vermont · 1855
- State Treasurer v. WellsSupreme Court of Vermont · 1855
- Thomas v. PlattsSupreme Court of New Hampshire · 1862