Legal Opinion

Jones v. Wood

Supreme Court of Vermont

Decided February 15, 1858PublishedCited by 4 opinions

Book Account. The defendant plead in bar, that previous to the bringing of this suit, one William Gilman brought liis action before a justice of the peace against these plaintiffs as principal defendants, and against this defendant as trustee; that judgment was rendered against the defendants for the sum of sixty-four dollars and eighty-four damages, and the sum of three dollars and fifty-eight cents costs, from which no appeal was taken ; also, that judgment was rendered…

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Book Account. The defendant plead in bar, that previous to the bringing of this suit, one William Gilman brought liis action before a justice of the peace against these plaintiffs as principal defendants, and against this defendant as trustee; that judgment was rendered against the defendants for the sum of sixty-four dollars and eighty-four damages, and the sum of three dollars and fifty-eight cents costs, from which no appeal was taken ; also, that judgment was rendered that this defendant was the trustee of said Jones & Dow for the sum of sixty-two dollars and eighty-four cents, deducting…

1Opinion of the Court

The opinion of the court was delivered by

Poland, J.

The decision of the county court sustaining the demurrer to the defendant’s plea in bar, was clearly right.

It was decided by this court, as early as the case of Morton v. Webb, 7 Vt. 123, that the pendency of a trustee suit would not abate a subsequent suit between the principal parties for the same cause of action, and upon the ground that the trustee suit does not furnish the same x’emedy.

In Hicks v. Gleason, 20 Vt. 139, it was held that the rights of the principal debtor in a trustee process, for every purpose of making demand of his…

2Cases cited3 opinions

  1. Morton v. WebbSupreme Court of Vermont · 1835
  2. Hicks v. GleasonSupreme Court of Vermont · 1848
  3. Spicer v. SpicerSupreme Court of Vermont · 1851

3Cited by4 opinions

  1. Bridges v. SheldonUnited States Circuit Court · 1880
  2. Armour v. SeixasWashington Supreme Court · 1914
  3. Glugermovich v. ZicovichCalifornia Supreme Court · 1896
  4. Herlow v. OrmanNew Mexico Supreme Court · 1885

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