1 Tyl. 145
Decided June 15, 1801
Supreme Court of Vermont · decided 1801-06-15
THIS was an action of debt on a bond. Defendant pleaded nil debet. Verdict for the plaintiff, and judgment for the penal sum. Motion to chancer filed by the defendant last term. And now the defendant moves for leave to plead de novo, that he might plead a release in bar, which was tested anterior to his filing the plea nil debet. In this action we were surprised into an immaterial issue.
Decided 1801-06-15
¶1From the statement of the defendant’s counsel, this appeal's to be a hard case. But the Court cannot relieve. Here is a material issue joined, verdict, and judgment. The Court will not award a repleader after judgment.
¶2Motion discharged, and cause continued by order of Court.
¶3 The defendant sought relief in the Court of Chancery, and obtained a decree containing a perpetual injunction upon this suit, February term, A. D. 1805.