Downing v. Burnham
Supreme Court of Vermont
Trespass guare clausum, with a count in trespass de bonis and a count in trover. Heard on plaintiff’s motion to amend his declaration by striking out the last two counts, at the September Term, 1910, Washington County, Hall, J., presiding. Motion granted, and judgment rendered for the plaintiff, to which the defendant excepted. The amendment was properly granted, regardless of whether the several counts are for the same cause of action.
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Trespass guare clausum, with a count in trespass de bonis and a count in trover. Heard on plaintiff’s motion to amend his declaration by striking out the last two counts, at the September Term, 1910, Washington County, Hall, J., presiding. Motion granted, and judgment rendered for the plaintiff, to which the defendant excepted. The amendment was properly granted, regardless of whether the several counts are for the same cause of action. Moses v. Taylor, 6 Macay, (D. C. ) 225; Weireck v. Hoover, 8 Blackf. (Ind.) 379; Lidden v. Hodnett, 22 Fla. 271; Veedor v. Cooley, 4 Thomp. & Co. 245.
1Opinion of the Court
Munson, J,
The declaration contained counts in trespass guare clausum, alleging the cutting and removal of trees and *150growing timber; a count in trespass de bonis, alleging the removal of saw-logs, wood and timber; and a count in trover, alleging a conversion of like property. When the case was reached for trial, plaintiff moved to amend by striking out the last two counts, and the defendants objected, for that the counts of' trespass on the freehold and the count in trover were not and could not be for the same cause of action, and so were improperly joined, and that consequently the…
2Cases cited4 opinions
- Rowley v. ShepardsonSupreme Court of Vermont · 1910
- Abbott v. KeithSupreme Court of Vermont · 1839
- Haskell v. BowenSupreme Court of Vermont · 1872
- Sawyer v. ChildsSupreme Court of Vermont · 1910
3Cited by1 opinion
- Rowley v. ShepardsonSupreme Court of Vermont · 1911