Demerit v. Lyford
Superior Court of New Hampshire
Debt on judgment. The declaration sets forth “that the plaintiff, by the consideration of the justices of the court of common pleas, holden at, &e., on, &c., recovered judgment against said defendant for $42,37, costs of suit, as by the record, &e., which judgment is in full force, &e., whereby an action has accrued, &c., yet though often requested, the defendant has not paid the same, &e.
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Debt on judgment. The declaration sets forth “that the plaintiff, by the consideration of the justices of the court of common pleas, holden at, &e., on, &c., recovered judgment against said defendant for $42,37, costs of suit, as by the record, &e., which judgment is in full force, &e., whereby an action has accrued, &c., yet though often requested, the defendant has not paid the same, &e. The plea alleges, “ And the said Lyford comes, &c., and says, &c., that having a just claim against one J. Batchelder, on, &c., he sued out of the clerk’s office, in said county, a certain writ of…
1Opinion of the CourtBell, J.
The plea, in this ease, sets up no sufficient defence to the plaintiff’s action. It is not, in terms, alleged, nor can it be reasonably inferred from what is alleged, that the present plaintiff was in any way chargeable as trustee in the original action. It is not averred that he had in his hands or possession any money, goods, chattels, rights or credits of the original defendant, at the time of the suit brought, or at any time afterwards. He, therefore, fails to assert in his plea any right to recover against him as trustee, or any reason, why the plaintiff should not have been discharged…
2Cases cited6 opinions
- Smith v. LewisNew York Supreme Court · 1808
- Peck v. WoodbridgeU.S. Circuit Court for the District of Connecticut · 1808
- Despatch Line of Packets v. Bellamy Man. Co.Superior Court of New Hampshire · 1841
- Greenleaf v. PerrinSuperior Court of New Hampshire · 1836
- Hudson v. HuntSuperior Court of New Hampshire · 1831
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Barton v. BartonSupreme Court of New Hampshire · 1984
- Gordon v. GordonSupreme Court of New Hampshire · 1875
- Trinity EMS, Inc. v. Timothy CoombsSupreme Court of New Hampshire · 2014