Slayton v. Davis
Supreme Court of Vermont
Trespass and case. Heard on defendant’s special demurrer to the declaration for misjoinder of counts, at the September Term, 1910, Orleans County, Stanton, J., presiding. Demurrer overruled, and declaration adjudged sufficient. The defendants excepted. The opinion states the case.
1Opinion of the CourtPowers, J.
This declaration contains two counts. It is agreed that the first, —the substance of which is that the defendants assaulted the plaintiff and seized him and cast him into prison, — is in trespass. The form of the second, — which alleges in substance that the defendants, without cause, maliciously sued out a body writ against the plaintiff and caused him to be arrested thereon and cast into prison, all for the sole purpose of forcing him to discontinue a certain action of trover which he had brought against the defendants and which was then pending, — is in dispute; the plaintiff claiming that…
2Cases cited5 opinions
- Davis's Admx. v. Rutland RailroadSupreme Court of Vermont · 1909
- Hagar v. BrainerdSupreme Court of Vermont · 1872
- Sawyer v. ChildsSupreme Court of Vermont · 1910
- Black v. HowardSupreme Court of Vermont · 1877
- Templeton v. ClogstonSupreme Court of Vermont · 1887
3Cited by3 opinions
- Johnson v. Hardware Mutual Casualty Co.Supreme Court of Vermont · 1938
- Patterson's Admr. v. Modern Woodmen of AmericaSupreme Court of Vermont · 1915
- Coates v. Eastern States Farmers ExchangeSupreme Court of Vermont · 1925