Story v. Kimball
Supreme Court of Vermont
This was an action of debt on a judgment rendered by a justice of the peace, declared on with a “pro ut patet per recor-dum.” The defendant prayed oyer of said record, which was read. The record read showed a regular writ and declaration, in the usual form, and made returnable, and the court to be holden on the 9th of February.
Read the full summary
This was an action of debt on a judgment rendered by a justice of the peace, declared on with a “pro ut patet per recor-dum.” The defendant prayed oyer of said record, which was read. The record read showed a regular writ and declaration, in the usual form, and made returnable, and the court to be holden on the 9th of February. The return of the officer thereon was as follows: “Caledonia, ss. ) Then served this writ by attaching as January 18,1828. 5 the property of the within named defendant, one stick of wood, and on the same day left at defendant’s last and usual place of abo'de a true and…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
— This is an action of debt on judgment declared on, with a pro ui paiet per recordum. The defendant has craved oyer of the record and demurred. The declaration is defective; but the defects are such as can only be reached by a special demurrer. — Adams vs. Campbell, 4 Vt. R. 447. The defendant was not entitled to oyer, as there was no proferí. Where a profert is unnecessarily made, the defen-*544^ant *s not on ^at account entitled to oyer, but must plead without; but if it is asked for, and given, he may make use of it. In this case oyer…
2Cited by7 opinions
- Davidson v. MurphySupreme Court of Connecticut · 1839
- Patterson's Admr. v. Modern Woodmen of AmericaSupreme Court of Vermont · 1915
- Hickey v. HinsdaleMichigan Supreme Court · 1860
- Davis v. TrumpWest Virginia Supreme Court · 1897
- Morrill's Admx. v. Catholic Order of ForestersSupreme Court of Vermont · 1907
2 more not listed; retrieve them via the Exa API.