Sprague v. Fletcher
Supreme Court of Vermont
Action on the case. The declaration contained ten counts, of which five were in trover, in the common form, and five, viz., the first, third, fifth, seventh and ninth, with special counts in trespass on the case. The defendant filed a general demurrer to each of the five special counts. Heard upon such demurrer at the March term, Rutland county, 1894, Munson, J., presiding. The court overruled the demurrer and adjudged the counts sufficient, to which the defendant excepted.
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Action on the case. The declaration contained ten counts, of which five were in trover, in the common form, and five, viz., the first, third, fifth, seventh and ninth, with special counts in trespass on the case. The defendant filed a general demurrer to each of the five special counts. Heard upon such demurrer at the March term, Rutland county, 1894, Munson, J., presiding. The court overruled the demurrer and adjudged the counts sufficient, to which the defendant excepted. Exceptions certified to the supreme court before trial in the county court. The five counts demurred to were in…
1Opinion of the CourtRoss, C. J.
The contention is in regard to the sufficiency of the several counts in case, demurred to. I11 substance they are alike. The essential facts, admitted by the demurrer are, that the defendant was a collector of taxes, acting in that capacity, and pretended to hold a tax for collection against the plaintiff; that the plaintiff was the owner of bank stock of value, and that the defendant levied upon and sold the bank stock, without right, in satisfaction of the pretended tax. The allegation, “whereby the plaintiff was. divested of his title to the stock and wholly lost its. use and value,” is…
2Cases cited2 opinions
- Griffin v. FarwellSupreme Court of Vermont · 1848
- Town of Troy v. AikenSupreme Court of Vermont · 1873
3Cited by1 opinion
- Sprague v. FletcherSupreme Court of Vermont · 1896