Price v. Hickok
Supreme Court of Vermont
This was an action of debt on a judgment rendered by the superior court of Massachusetts. The defendant pleaded nul tiel record, and other matters as set forth in the opinion of the court. The plaintiff joined issue as to the plea of nul tiel record, and demurred as to the defendant’s other pleas.
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This was an action of debt on a judgment rendered by the superior court of Massachusetts. The defendant pleaded nul tiel record, and other matters as set forth in the opinion of the court. The plaintiff joined issue as to the plea of nul tiel record, and demurred as to the defendant’s other pleas. As to the plea of nul tiel record, the court, at the May Term, 1865, Aldis, J., presiding, found that there was such record, and as to the defendant’s other pleas the court sustained the demurrer, pro forma, and rendered judgment for the plaintiff, to all of which the defendant excepted. The court…
1Opinion of the Court
The opinion of the court was delivered by
PeCK, J.
It appears from the pleadings in this case, in connection with the record of the judgment on svhich the plaintiff declares, set out on oyer in the defendant’s pleas, which are demurred to, that the judgment was recovered in the superior court in Massachusetts, without any process served upon the defendant in Massachusetts, or any notice given him in that state ; that he was never a citizen or resident of that state, but at the time of the commencement of the suit in which the judgment was rendered, and during the whole pro-*295eeedings thereof, the…
2Cases cited7 opinions
- Bissell v. BriggsMassachusetts Supreme Judicial Court · 1813
- Aldrich v. KinneySupreme Court of Connecticut · 1822
- Steel v. SmithSupreme Court of Pennsylvania · 1844
- Kilburn v. WoodworthNew York Supreme Court · 1809
- Mayhew v. ThatcherSupreme Court of the United States · 1821
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3Cited by20 opinions
- Gordon v. MunnSupreme Court of Kansas · 1912
- Eaton v. HastyNebraska Supreme Court · 1877
- Prosser v. WarnerSupreme Court of Vermont · 1875
- National Bank v. R. E. Peabody & Co.Supreme Court of Vermont · 1883
- Smith v. SmithSupreme Court of Vermont · 1901
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