Barnes v. Lapham

28 Vt. 307

• Court: Supreme Court of Vermont
• Decided: February 15, 1856
• Status: Published

Opinion

The opinion of the court was delivered by

Bennett, J.

We do not see how the plaintiff can get along with his case. The confession of judgment operated as a merger of his original cause of action, which was made the ground of this suit; and the agreement of the parties at the time, that this suit should go on for the purpose of charging the trustees, and perfecting a judgment against them, cannot arrest the merger and neither can the defendants be estopped from using the merger as a defense to the original cause of action.

The statute passed last fall cannot reach this case. This judgment-was rendered at the March Term of the county court, 1855; and the exceptions pending, at the time of the passage of the act, were but in the nature'of a writ of error, to reverse that judgment.

Judgment affirmed with costs.