39 Vt. 272 | Vt. | 1867
The opinion of the court was delivered by
The case has been treated by counsel for the defendant in the argument the same as if the declaration had counted specially and exclusively upon the notes set forth in the specification. And no question has been made by him as to the legal propriety of entering judgment in pursuance of the rules and practice of the County court.
It is insisted by him that the defendant had the right to show, as
Green v. House, 3 T. R. 301, was an action on a bill of exchange against the acceptor, who suffered judgment to go by default; and, at the execution of the writ of inquiry, the bill was produced ; but it did not appear to have been accepted. Upon a rule to show cause, etc., the court state the rule of law on the subject so clearly, that we deem it well to repeat it here : “ When a defendant suffers judg-
The judgment is affirmed,