Coggswell v. Baldwin
Supreme Court of Vermont
This case was brought by appeal from a justice of the peace. The declaration, in the original writ, was in a plea of “ trespass,” in which the plaintiff proceeded to allege that the defendant was possessed of a cow accustomed, and known by her to be accustomed, to hook, which she suffered to go at large, and which, while thus at large, hooked the plaintiff’s horse so that he died.
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This case was brought by appeal from a justice of the peace. The declaration, in the original writ, was in a plea of “ trespass,” in which the plaintiff proceeded to allege that the defendant was possessed of a cow accustomed, and known by her to be accustomed, to hook, which she suffered to go at large, and which, while thus at large, hooked the plaintiff’s horse so that he died. On the entering of the appeal in the county court, the plaintiff offered to file a declaration in a plea of “ trespass on the case,” followed by the same allegations as in the original writ — to which the defendant…
1Opinion of the Court
The opinion of the court was delivered by
Hebard, J.
By our statute, the plaintiff, at the time he sues out his writ, is required, also, to make out his declaration of his claim, which goes along with the writ; and this, of course, must determine the nature of the action. If it were usual or allowable for the plaintiff to call the defendant into court, by merely stating the name of the action, without making any statement or specification of his claim, there would be more propriety in regarding the name, alone, as of some importance. The reason for having the cause of action declared and set…
2Cited by6 opinions
- Muller v. . McKessonNew York Court of Appeals · 1878
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- Perazzo v. OrtegaArizona Supreme Court · 1925
- Molloy v. StarinAppellate Division of the Supreme Court of the State of New York · 1906
- Bellows v. SowlesSupreme Court of Vermont · 1899
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