Benton v. Burgot
Supreme Court of Pennsylvania
Elijah Benton, the plaintiff below, and plaintiff in error, brought this action of debt in the Court of Common Pleas of Warren county, against Garret Bur got: The declaration contained two counts.
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Elijah Benton, the plaintiff below, and plaintiff in error, brought this action of debt in the Court of Common Pleas of Warren county, against Garret Bur got: The declaration contained two counts. The first was on a judgment recovered on a certain day by the plaintiff against the defendant, in the Court of Common Pleas of the county of Chenango, in the state of New-York, for the sum of 55 dollars, “for the damages which he had sustained by reason of said Garret having before that time converted and disposed of to his own use, certain cattle, goods and chattels of him the said plaintiff, which…
1Opinion of the Court
The opinion of the court, (Tilghman, C. J. being absent,) was delivered by
Duncan, C. J.
This was an action of debt on a judgment in trover, obtained in the Court of Common Pleas in the state of New-York by default. A writ of inquiry was executed, and judgment thereon.
The declaration is a strange medleys and the second count for interest on the judgment cannot be supported; The question now to be considered is principally on the demurrer to the plea of the defendant of nul tiel record, and that if there is such a record of the judgment in the declaration mentioned, it was obtained by fraud,…
2Cases cited5 opinions
- Mills v. DuryeeSupreme Court of the United States · 1813
- Hampton v. M'connelSupreme Court of the United States · 1818
- Borden v. FitchNew York Supreme Court · 1818
- Andrews v. MontgomeryNew York Supreme Court · 1821
- Commonwealth v. MooreMassachusetts Supreme Judicial Court · 1812
3Cited by11 opinions
- Starbuck v. MurrayNew York Supreme Court · 1830
- Steel v. SmithSupreme Court of Pennsylvania · 1844
- Hoffman v. CosterSupreme Court of Pennsylvania · 1837
- Holt v. AllowayIndiana Supreme Court · 1827
- Wilcox v. KassickMichigan Supreme Court · 1851
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