Saxe v. City of Burlington
Supreme Court of Vermont
Case. Heard on demurrer to the amended declaration at the March Term, 1897, Chittenden County, Munson, J., presiding. The original count alleged that the defendants caused the plaintiff great damage by hindering and preventing him from building a block in the ravine on the north side of Pearl street in the City of Burlington; and then proceeded to aver that, on a day named, the plaintiff purchased of a party named a parcel of land, for three thousand dollars, the deed of…
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Case. Heard on demurrer to the amended declaration at the March Term, 1897, Chittenden County, Munson, J., presiding. The original count alleged that the defendants caused the plaintiff great damage by hindering and preventing him from building a block in the ravine on the north side of Pearl street in the City of Burlington; and then proceeded to aver that, on a day named, the plaintiff purchased of a party named a parcel of land, for three thousand dollars, the deed of which, as recorded at such a volume and page in the clerk’s office of said city, was referred to, for the purpose of…
1Opinion of the CourtTaft, J.
This is an action on the case to recover damages as a result of the fraudulent and illegal acts of the defendants in preventing the plaintiff from erecting a block of buildings in the City of Burlington.
The declaration contained one count, and upon demurrer was held insufficient. The plaintiff obtained leave to amend the declaration, and filed an amendment by adding certain averments to the count as originally drawn. After the amendment was made the defendants, severally, filed general demurrers, the defendants Brown and the City assigning two special causes.
The first special cause is, that…
2Cases cited3 opinions
- Cooledge v. Continental Ins.Supreme Court of Vermont · 1894
- Estes v. WhippleSupreme Court of Vermont · 1840
- Dickerman v. Vt. Mut. Fire Ins.Supreme Court of Vermont · 1894
3Cited by1 opinion
- Arnold v. SomersSupreme Court of Vermont · 1918