Wade v. Wade's Admr.
Supreme Court of Vermont
Ejectment. Essex County, June Term, 1907, Miles, J., presiding. Heard on the defendant’s motion to dismiss the writ, and on the plaintiff’s motion for judgment. Each motion was overruled, and thereupon the plaintiff requested a trial on the merits, which was denied. Eiach party excepted. The opinion states' the case.
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Ejectment. Essex County, June Term, 1907, Miles, J., presiding. Heard on the defendant’s motion to dismiss the writ, and on the plaintiff’s motion for judgment. Each motion was overruled, and thereupon the plaintiff requested a trial on the merits, which was denied. Eiach party excepted. The opinion states' the case. The rule, applicable alike to motions and pleas in abatement, is, that they must give the plaintiff a better writ, in that they not only point out the error, but also the method of correcting it. Gould’s PI. Ch. Y. §67; I Chitty’s PL 446. This being a motion calling attention to…
1Opinion of the CourtMunson, J.
This is an action of ejectment, brought against both residents and non-residents. The non-resident defendants appeared specially, but without otherwise indicating the purpose of their appearance, and afterwards moved to dismiss the writ because not legally served on them. This motion was not filed within the time allowed for dilatory pleas, and no other appearance having been entered, or further plea filed, the plaintiff .moved for judgment in chief. The court overruled the motion to dismiss, and also the motion for judgment; and plaintiff thereupon requested a trial on the merits, which the…
2Cases cited17 opinions
- Eldred v. BankSupreme Court of the United States · 1873
- Wheelock v. SearsSupreme Court of Vermont · 1847
- Pollard v. WilderSupreme Court of Vermont · 1843
- Newton v. AdamsSupreme Court of Vermont · 1832
- Washburn v. New York & Vermont Mining Co.Supreme Court of Vermont · 1868
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3Cited by13 opinions
- Howe v. Lisbon Savings Bank & Trust Co.Supreme Court of Vermont · 1940
- Boright v. WilliamsSupreme Court of Vermont · 1913
- Andrew v. Buck, Apt.Supreme Court of Vermont · 1924
- Murphy v. PuntSupreme Court of Vermont · 1935
- Richard v. INDUSTRIAL TRUST COMPANYSupreme Court of Rhode Island · 1957
8 more not listed; retrieve them via the Exa API.