Sawyer v. Childs
Supreme Court of Vermont
Trespass quare clausum and trover. Heard on demurrer to the declaration at the December Term, 1908, "Windsor County, Butler, J., presiding. Judgment, pro forma, overruling tbe demurrer and adjudging tbe declaration sufficient. Tbe defendant excepted. Tbe opinion states tbe ease. The first and most important test whereby to determine whether counts are for the same cause of action is whether the same evidence will support them.
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Trespass quare clausum and trover. Heard on demurrer to the declaration at the December Term, 1908, "Windsor County, Butler, J., presiding. Judgment, pro forma, overruling tbe demurrer and adjudging tbe declaration sufficient. Tbe defendant excepted. Tbe opinion states tbe ease. The first and most important test whereby to determine whether counts are for the same cause of action is whether the same evidence will support them. Gates v. Goreham, 5 Vt. 317; Kitchen et al. v. Campbell, 3 Wils. 304; Lacón v. Barnard, Cro. Char. 35. That test shows that the second and fourth counts cannot be for…
1Opinion of the CourtWatson, J.
The declaration is in four counts: the first is trespass for breaking and entering the plaintiff’s dwelling house and taking and carrying away certain goods and personal property, etc.; the second is trespass for breaking and entering the plaintiff’s dwelling house and expelling him therefrom, etc., but without any allegation as to goods and personal property; the third is trespass for taking and carrying away the plaintiff’s .goods and personal property; and the fourth is trover. On demurrer it is contended that the declaration is bad because of misjoinder of counts.
At common law several…
2Cases cited8 opinions
- Sellick v. HallSupreme Court of Connecticut · 1879
- Cooper v. BissellNew York Supreme Court · 1819
- Havens v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1857
- Warner v. HoisingtonSupreme Court of Vermont · 1869
- Grout v. KnappSupreme Court of Vermont · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Carpenter v. Central Vermont Railway Co.Supreme Court of Vermont · 1919
- Newton's Admrx. v. American Car Sprinkler Co.Supreme Court of Vermont · 1914
- Slayton v. DavisSupreme Court of Vermont · 1911
- Bouchard v. Central Vermont Railway Co.Supreme Court of Vermont · 1914
- Burleson Et Ux. v. FoxSupreme Court of Vermont · 1928
1 more not listed; retrieve them via the Exa API.