Royce v. Vandeusen
Supreme Court of Vermont
Trover for a horse, harness, and robes. Trial by the court, at the March Term, 1875, Redfield, J., presiding. The declaration was ah ordinary count in trover, with a beginning as follows: “ Ahnira Royce, &c., &c , who, being a mar- ried woman and her husband separate from her, brings this suit by Elias L. Marble, her next friend, in a plea of the case,” If appeared, among other things immaterial to be stated, that at' the time the suit was brought, the plaintiff was a…
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Trover for a horse, harness, and robes. Trial by the court, at the March Term, 1875, Redfield, J., presiding. The declaration was ah ordinary count in trover, with a beginning as follows: “ Ahnira Royce, &c., &c , who, being a mar- ried woman and her husband separate from her, brings this suit by Elias L. Marble, her next friend, in a plea of the case,” If appeared, among other things immaterial to be stated, that at' the time the suit was brought, the plaintiff was a married woman. The defendant objected to the bringing of the suit in the name of tho plaintiff by next friend,, for that she…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
I. Though the briefs of counsel present a variety of points and views, the defendant in the argument discusses but two, viz., that suit cannot be maintained in the name of the plaintiff by next friend, she being feme covert when the suit was brought; and under the motion in arrest, that upon the declaration, judgment cannot lawfully be i-endered for the plaintiff.
It is to be assumed, though the face of the record does not affirmatively show it, that the trial proceeded as upon the general issue. That being so, any mere matter of abatement…
2Cases cited3 opinions
- Child v. PearlSupreme Court of Vermont · 1870
- Clark v. PeckSupreme Court of Vermont · 1868
- White v. WaiteSupreme Court of Vermont · 1874
3Cited by2 opinions
- Underhill v. Rutland RailroadSupreme Court of Vermont · 1916
- Gustin v. CarpenterSupreme Court of Vermont · 1879