Boville v. Dalton Paper Mills
Supreme Court of Vermont
General and Special Assumpsit. Plea, the general issue with notice. Trial by jury at the October Term, 1911, Essex County, Butter, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion sufficiently states the case.
1Opinion of the CourtMunson, J.
The declaration is in assumpsit, and consists of the common counts and one special count. The plaintiff’s specifications were filed June 21, 1911. The defendant filed a demurrer to the declaration on the first day of the October Term. The rules require that a demurrer be filed within ten days after the filing of specifications, and the court dismissed the demurrer as filed out of time. Defendant contends that the paper filed June 21 was not a specification, and that it was not required to file its demurrer any earlier than it did. The ad damnum, in the writ was $3,000, but the items of the…
2Cases cited18 opinions
- State ex rel. Phelps v. JacksonSupreme Court of Vermont · 1907
- Trow v. ThomasSupreme Court of Vermont · 1898
- Carland v. Western Union Telegraph Co.Michigan Supreme Court · 1898
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- Chamberlin v. ScottSupreme Court of Vermont · 1860
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3Cited by16 opinions
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- Ronan v. J. G. Turnbull Co.Supreme Court of Vermont · 1926
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- CASS-WARNER CORPORATION v. BrickmanSupreme Court of Vermont · 1967
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