Ruszits v. Hilliard
Supreme Court of Vermont
Assumpsit. Pleas, general issue and two special pleas in bar. Heard on demurrer to the plaintiff’s replication to the special pleas, by tbe court, March Term, 1884, Yeazey, J., presiding. Judgment that the replication was sufficient. Bedell & Warden v. Scruton, 54 Yt. 493, is not decisive of this case; as that case was decided under the Act of 1876, and the law was changed in 1880. R. L. s. 1797. The statute as to staying suits applies to non-resident creditors.
Read the full summary
Assumpsit. Pleas, general issue and two special pleas in bar. Heard on demurrer to the plaintiff’s replication to the special pleas, by tbe court, March Term, 1884, Yeazey, J., presiding. Judgment that the replication was sufficient. Bedell & Warden v. Scruton, 54 Yt. 493, is not decisive of this case; as that case was decided under the Act of 1876, and the law was changed in 1880. R. L. s. 1797. The statute as to staying suits applies to non-resident creditors. Grant v. Lyman, 4 Met. 475; 21 Pick. 169; 13 Allen, 68; 8 Met. 29; 7 N. Y. 506. cited Bedell & Warden v. Scruton, 54 Yt. 493.
1Opinion of the Court
The opinion of the court was delivered by
Royce, Oh. J.
The pleas in bar allege, that before the *61commencement of this suit the defendant had been adjudged and declared an insolvent debtor, under R. L. chap. 93, that an assignee had been appointed and the estate duly-assigned under the provisions of that chapter, that the assignee had proceeded to settle the estate, and that said insolvency proceedings were still pending and the question of the discharge of the debtor not yet determined; and conclude by praying judgment if the plaintiff ought to have judgment or execution for his said damages on…
2Cases cited2 opinions
- Bedell & Warden v. ScrutonSupreme Court of Vermont · 1882
- McDougall v. PageSupreme Court of Vermont · 1882
3Cited by1 opinion
- Patterson v. SmithSupreme Court of Vermont · 1894