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Welles v. Dexter

Welles v. Dexter, 1 Root 253 (1791)
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Court
Supreme Court of Connecticut · State Highest Courts
Decided
February 15, 1791
Citations
1 Root 253
Headnotes
Action of debt on judgment will not lie unless it appears the plaintiff cannot otherwise have the effect of his judgment.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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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.

How later courts describe this case

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1822–1823: 118222026peak 1822 · 1

Relies on it most ⓘ

  1. Denison v. Williams4 Conn. 402 (1822)

Most recent

  1. Denison v. Williams4 Conn. 402 (1822)

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