Abbott v. Keith
Supreme Court of Vermont
This was an appeal from the decision of commissioners appointed, by the probate court, to receive, examine and adjust all claims against the estate of Sampson Gale, deceased, and those exhibited in offset thereto. The plaintiff in his declaration, joined counts in assumpsit and on book account. The defendant moved the county court to dismiss the appeal, insisting that assumpsit and book account could not be joined. And, also, demurred to the declaration for the same cause.
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This was an appeal from the decision of commissioners appointed, by the probate court, to receive, examine and adjust all claims against the estate of Sampson Gale, deceased, and those exhibited in offset thereto. The plaintiff in his declaration, joined counts in assumpsit and on book account. The defendant moved the county court to dismiss the appeal, insisting that assumpsit and book account could not be joined. And, also, demurred to the declaration for the same cause. The county court overruled the motion, and decided that the declaration was sufficient. It appears that the defendant…
1Opinion of the Court
The opinion of the court was delivered by
Reoeied, J.
In this case, which was an appeal from commissioners, the plaintiff, in his declaration, joined counts both in assumpsit and book account. This, it is contended by defendant, was a fatal misjoinder of counts. It was decided some years since, at St. Albans, in a case not reported, that in a suit brought before a justice of the peace, and appealed into the county court, where the original declaration contained a count in assumpsit, and also one on book, the misjoinder was not fatal to the action, but the plaintiff might amend by striking out…
2Cited by12 opinions
- Green v. . DisbrowNew York Court of Appeals · 1879
- Minion v. . WarnerNew York Court of Appeals · 1924
- Gunn v. GunnSupreme Court of Georgia · 1885
- Miller v. CinnamonIllinois Supreme Court · 1897
- Hodge v. ManleySupreme Court of Vermont · 1853
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