Day v. Lamb
Supreme Court of Vermont
This was an action on a judgment rendered by the county court of this county holden on the last Monday of March 1826, for eighty-nine dollars. Pleas, 1. Nultiel record. 2. Statute of limitations.
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This was an action on a judgment rendered by the county court of this county holden on the last Monday of March 1826, for eighty-nine dollars. Pleas, 1. Nultiel record. 2. Statute of limitations. The plaintiff in support of the issue on his part, produced his writ dated April 3d, 1834, and served June 30th, 1834. The defendant in support of the issue on his part, introdued Otis Peck, the officer who served the writ, who testified that the writ was put into his hands for service not over five days before he served it, and that the service was made on the 30th of June, A.D. 1834. The defendant…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
In this action of debt on judgment to which the statute of limitations is plead, several questions arose on the trial. The first one, to which our attention has been called is, at what time a judgment is considered as rendered, whether on the first or last day of the term; for if this judgment is to be considered as of the first day of the term in which it was rendered, the statute of limitations had run thereon. I am not aware of any established principles of common law applicable to our practice, which determine this question. In…
2Cases cited1 opinion
- Hoar v. Commissioners of Jail DeliverySupreme Court of Vermont · 1829
3Cited by13 opinions
- United States v. American Lumber Co.Court of Appeals for the Ninth Circuit · 1898
- Howell v. ShepardMichigan Supreme Court · 1882
- Tracy v. Grand Trunk Railway Co.Supreme Court of Vermont · 1904
- White River Bank v. DownerSupreme Court of Vermont · 1857
- Bradish v. StateSupreme Court of Vermont · 1862
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