Fifield v. Richardson
Supreme Court of Vermont
Debt on judgment rendered by a justice of the peace in 1848, and brought into the county court by appeal. Plea, mil tiel record, payment, and notice of satisfaction by sale of property on the execution. Trial by jury, at the January term, 1860, Barrett, J.,presiding.
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Debt on judgment rendered by a justice of the peace in 1848, and brought into the county court by appeal. Plea, mil tiel record, payment, and notice of satisfaction by sale of property on the execution. Trial by jury, at the January term, 1860, Barrett, J.,presiding. The plaintiff introduced testimony tending to prove that in September, 1848, he and others prayed out nine writs of attachment against the defendants, either jointly or severally, upon which their property was attached by a deputy sheriff; that judgments were duly recovered in all the suits, and executions issued and placed in…
1Opinion of the CourtAldis, J.
The first question raised in this case is, whether an execution issued for sixty days, when its hould have been for one hundred and twenty days, is void.
After the elaborate argument which was made in Bond v. Wilder, 16 Vt. 393, and the brief and positive reaffirmance in that case of our old decisions that it is void, “ we shall not now suffer that point to be stirred.”
The execution being void, the return of the officer upon it, that the judgment was satisfied, is void also ; and the judgment for all that was done under that execution stands in full force, precisely as it did before the…
2Cases cited1 opinion
- Bond v. WilderSupreme Court of Vermont · 1844
3Cited by3 opinions
- Perry v. WhippleSupreme Court of Vermont · 1865
- Gunst v. DavisMichigan Supreme Court · 1922
- Eagon v. EagonSupreme Court of Kansas · 1899