Kent v. Miles
Supreme Court of Vermont
Trespass for false imprisonment. Pleas, the general issue and special plea of justification. Heard at the March term, 1893, Taft, J., presiding, upon the defendant’s demurrer to the plaintiff's replication. Demurrer sustained and exceptions by the plaintiff.
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Trespass for false imprisonment. Pleas, the general issue and special plea of justification. Heard at the March term, 1893, Taft, J., presiding, upon the defendant’s demurrer to the plaintiff's replication. Demurrer sustained and exceptions by the plaintiff. The declaration alleged that the defendant, at Montpelier, in the county of Washington, arrested the plaintiff, compelled him to go to Newport, in the county of Orleans, and there imprisoned him for six months all without right. The defendant filed the following plea : “ And for a further plea in this behalf, as to the assaulting,…
1Opinion of the Court
The opinion of the court was delivered by
ROSS, Ch. J.
The county court sustained the defendant’s demurrer to the plaintiffs replication. To this the plaintiff excepted. ' The plaintiff now contends that if his replication is defective, it is a sufficient answer to the defend- . ant’s plea, which he claims is insufficient in several particulars. The demurrer, though special, reaches the first defect in substance in pleading. The declaration is trespass for false imprisonment. The plea, both in the opening and closing, professes to justify every specification of trespass laid in the declaration.…
2Cases cited3 opinions
- Spencer v. SouthwickNew York Supreme Court · 1812
- Ellis v. ClevelandSupreme Court of Vermont · 1882
- State v. LamoineSupreme Court of Vermont · 1881
3Cited by6 opinions
- Kittler v. KelschNorth Dakota Supreme Court · 1927
- Janus v. United States Ex Rel. HumphreyCourt of Appeals for the Ninth Circuit · 1930
- Commonwealth v. MayhewCourt of Appeals of Kentucky (pre-1976) · 1943
- Myers v. DunnCourt of Appeals of Kentucky · 1907
- Ames v. StrainSupreme Court of Oklahoma · 1956
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