Holt v. Daniels
Supreme Court of Vermont
This was a suit in chancery. The bill alleged that some time previously the orator had bought of the defendant a colt, for which he had given the defendant his note with the condition that the colt should be the property of the defendant until the note was fully paid; that since the giving of said ' note there had been other deal between them, a“nd that there was due the orator a large balance from the defendant, more than sufficient to discharge the balance of the note, and…
Read the full summary
This was a suit in chancery. The bill alleged that some time previously the orator had bought of the defendant a colt, for which he had given the defendant his note with the condition that the colt should be the property of the defendant until the note was fully paid; that since the giving of said ' note there had been other deal between them, a“nd that there was due the orator a large balance from the defendant, more than sufficient to discharge the balance of the note, and that if upon an accounting between them anything should be found due from the Orator, he was ready and willing to pay…
1Opinion of the Court
The opinion of the court was delivered by
Powers, J.
The defendant, by a demurrer interposed into his answer, raises the question of the jurisdiction of the Court to entertain the bill. The propriety of this mode of pleading has been considered of late, and the effort has been to adhere to the rules of pleading laid down in the text books and best considered cases.
*93The respective functions of a demurrer and an answer are entirely distinct and one cannot take the place of the other. The answer serves the double purpose of pleading and evidence. So far as it sets up matter as a bar it is a…
2Cases cited4 opinions
- Oliver v. PiattSupreme Court of the United States · 1845
- Bank of Bellows Falls v. Rutland & Burlington RailroadSupreme Court of Vermont · 1856
- Wade v. PulsiferSupreme Court of Vermont · 1881
- Leach v. BeattieSupreme Court of Vermont · 1860
3Cited by12 opinions
- Waterman v. MoodySupreme Court of Vermont · 1918
- Barber v. BaileySupreme Court of Vermont · 1912
- Deerfield Lumber Co. v. LymanSupreme Court of Vermont · 1915
- Fitch v. AmsdenSupreme Court of Vermont · 1897
- Miner's v. ShanasySupreme Court of Vermont · 1917
7 more not listed; retrieve them via the Exa API.