Smith v. Ingraham
Supreme Court of Vermont
Scire Facias. The plaintiff alleged, that at the May Term, 1841, of Windsor county court he recovered judgment in his favor against one Charles Edmunds for $40,57 damages and $69,15 costs; that a review was entered by Edmunds, and the defendant Ingraham recognized to the plaintiff in the sum of fifty dollars, conditioned that Edmunds should prosecute his review and pay to the plaintiff all intervening damages, occasioned to the plaintiff by being delayed, with additional…
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Scire Facias. The plaintiff alleged, that at the May Term, 1841, of Windsor county court he recovered judgment in his favor against one Charles Edmunds for $40,57 damages and $69,15 costs; that a review was entered by Edmunds, and the defendant Ingraham recognized to the plaintiff in the sum of fifty dollars, conditioned that Edmunds should prosecute his review and pay to the plaintiff all intervening damages, occasioned to the plaintiff by being delayed, with additional costs, in case the plaintiff should obtain final judgment in his favor ; and that the plaintiff, at the March Term, 1845,…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The questions in this case arise upon the issue joined upon the second plea, and upon the demurrer to the third plea.
We think it is obvious, that the third plea is bad. So far as the real estate went, which was set off upon the execution, the judgment was satisfied ; but an attachment of real or personal estate on mesne process cannot operate even as a qua satisfaction of the judgment, which may be recovered, and the plaintiff is not bound to follow the same property with his execution. The defendant became absolutely liable for the costs…
2Cases cited1 opinion
- Allen v. OgdenSupreme Court of Vermont · 1840
3Cited by1 opinion
- Heywood v. BentonSupreme Court of New Hampshire · 1871