Wood v. Agostines
Supreme Court of Vermont
Debt on a judgment of a Maine court. No pleadings were filed by the defendant. Washington County, March Term, 1899. Thompson, J., presiding. Trial by jury. Verdict and judgment for the defendant. The plaintiff excepted. An authenticated copy of the record of the judgment sued on was introduced in evidence.
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Debt on a judgment of a Maine court. No pleadings were filed by the defendant. Washington County, March Term, 1899. Thompson, J., presiding. Trial by jury. Verdict and judgment for the defendant. The plaintiff excepted. An authenticated copy of the record of the judgment sued on was introduced in evidence. It showed personal service on the defendant, August 18,1891. Subject to the plaintiff’s objection the defendant was permitted to introduce evidence tending to prove that at the time of the service of the writ in the suit in which said judgment was obtained, he was not in the State of Maine,…
1Opinion of the CourtTaft, C. J.
This action is debt on judgment. No pleadings were filed by the defendant. Under No. 10, County Court rules, the general issue was considered as pleaded. The general issue in an action of debt on judgment is nul tiel record. In an action of debt on judgment, nul tiel record is the proper plea and not nil debet. The plea nul tiel record puts in issue, simply the existence of such a record as is declared upon and that question is determined by the court upon an inspection of the record itself; when matter of fact as well as matter of law is pleaded, the issue is to the jury. If a record upon…
2Cases cited3 opinions
- State v. FitzgeraldSupreme Court of Vermont · 1896
- Arbuckle v. TempletonSupreme Court of Vermont · 1892
- Stevens v. FisherSupreme Court of Vermont · 1857
3Cited by7 opinions
- Egan v. United StatesCourt of Appeals for the D.C. Circuit · 1923
- United States v. William Darryl BlakemoreCourt of Appeals for the Sixth Circuit · 1973
- State v. ParkerSupreme Court of Vermont · 1932
- Hayden v. . New York Railways Co.New York Court of Appeals · 1922
- Sears v. DulingSupreme Court of Vermont · 1906
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