Peoples National Bank v. Nickerson
Supreme Judicial Court of Maine
On exceptions by defendant. Real action to recover several tracts of land in Pittsfield, Somerset County. At the return term of the writ, the defendant filed a special demurrer to the declaration. The presiding Justice pro forma overruled the demurrer and the defendant excepted.
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On exceptions by defendant. Real action to recover several tracts of land in Pittsfield, Somerset County. At the return term of the writ, the defendant filed a special demurrer to the declaration. The presiding Justice pro forma overruled the demurrer and the defendant excepted. The declaration in the plaintiff’s writ is as follows: "In a plea of land wherein the plaintiff demands of the defendant a lot of land situated in said Pittsfield and bounded and described as follows, to wit: (Description omitted in this report.) "Also another lot situated in said Pittsfield and bounded and described…
1Opinion of the CourtKing, J.
The sole question presented in this case is whether a declaration in a writ of entry containing in one count several distinct tracts of land is bad for duplicity.
"Duplicity in a declaration consists in joining in one and the same count, different grounds of action, of different natures, or of the same nature, to enforce only a single right of recovery.” Gould on Pleading (5 Ed.), page 205, sec. 99.
In Chitty on Pleading (16 Ed.), Vol. 1, star page 249, it is said: "The plaintiff cannot, by the confmon law rule, in order to sustain a single demand, rely upon two or more distinct grounds or…
2Cases cited1 opinion
- Hotchkiss v. ButlerSupreme Court of Connecticut · 1847
3Cited by1 opinion
- Graham v. LowdenSupreme Judicial Court of Maine · 1940