Welles v. Dexter

1 Root 253

Opinion

Upon a writ of error it was determined; that an action of debt upon judgment is not sustainable, unless it appears by the plaintiff’s declaration that he could not have the effect' of his judgment without it; as where the debtor has absconded and concealed his visible property, and the plaintiff must have recourse to a foreign attachment for security or the like; otherwise the action will be considered _ as unnecessary and vexatious.