Fish v. Sawyer
Supreme Court of Connecticut
This was an action of debt on judgment. The defendant pleaded in bar, that on the judgment mentioned in the declaration a lawful execution was issued, which, while in force, was paid and satisfied to the plaintiff, by being levied on real estate as of the defendant, which was set off, by the officer to whom it was directed, to the execution creditor, in full payment of the debt and costs ; and that such execution, with the officer’s proceedings thereon, was recorded in the…
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This was an action of debt on judgment. The defendant pleaded in bar, that on the judgment mentioned in the declaration a lawful execution was issued, which, while in force, was paid and satisfied to the plaintiff, by being levied on real estate as of the defendant, which was set off, by the officer to whom it was directed, to the execution creditor, in full payment of the debt and costs ; and that such execution, with the officer’s proceedings thereon, was recorded in the records of the town wherein the estate levied on lies, and returned to the clerk of the court satisfied. The replication…
1Opinion of the CourtBissell, J.
It has been contended, in this case, that the plea of the defendant is insufficient. It is not necessary to decide that point;-because, admitting the averments in the plea to be insufficient, they are answered by the replication.
The motion in error, then, presents two questions for adjudication.
1. Is the declaration sufficient ?
2. Upon the facts stated in the replication, and which have been found to be true, is the plaintiff entitled to judgment?
There is a third question, not raised upon the record, but which, by the agreement of counsel, has been argued, as on motion for a new trial; and…
2Cases cited6 opinions
- Barrett v. FrenchSupreme Court of Connecticut · 1815
- Denison v. WilliamsSupreme Court of Connecticut · 1822
- Starr v. LeavittSupreme Court of Connecticut · 1817
- De Forest v. StrongSupreme Court of Connecticut · 1831
- Stoyel v. CadySupreme Court of Connecticut · 1810
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Caldwell v. FultonSupreme Court of Pennsylvania · 1858
- Ferguson v. MasonWisconsin Supreme Court · 1884
- Bissell v. GrantSupreme Court of Connecticut · 1868
- Schroeder v. TomlinsonSupreme Court of Connecticut · 1898
- Brandt v. MeadeArizona Supreme Court · 1915
5 more not listed; retrieve them via the Exa API.