Dimick v. Brooks
Supreme Court of Vermont
Debt on a judgment recovered in the supreme court of New Hampshire, in Grafton county, November Term, 1818, in two counts. In the first count the plaintiff declared, in common form, upon a judgment- for $1000, debt and damages, and for $20,52 costs.
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Debt on a judgment recovered in the supreme court of New Hampshire, in Grafton county, November Term, 1818, in two counts. In the first count the plaintiff declared, in common form, upon a judgment- for $1000, debt and damages, and for $20,52 costs. In the second count the plaintiff declared on a judgment „ for $1000, alleging that it was recovered on the penalty of a bond, which was conditioned, that the defendant should pay to W. B. Bannister $900, with interest annually, specified in nine notes, executed by the plaintiff to Bannister, dated July 23, 1814, payable yearly on and after May 1,…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, J.
This is a case, which, so far as we are informed, has never occurred under the Federal Constitution. The, object of the suit is, to enforce a bond with condition for the payment of a debt by instalments. The bond was executed in the state of New Hampshire, and there sued, after the first instalment fell due, and, under a statute provision similar to the English statute and that of this state and most of the other American states, judgment was entered, in the New Hampshire court, for the penalty of the bond, being $1000, and execution…
2Cases cited1 opinion
- Pickering v. FiskSupreme Court of Vermont · 1834
3Cited by11 opinions
- Lindley v. KelleyIndiana Supreme Court · 1873
- Milbra v. Sloss-S. S. & I. Co.Supreme Court of Alabama · 1913
- Burton v. BurtonSupreme Court of Vermont · 1886
- Gauldin v. Town of MadisonSupreme Court of North Carolina · 1920
- City of New York v. VanderveerAppellate Division of the Supreme Court of the State of New York · 1904
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