Alger v. Curry
Supreme Court of Vermont
This was an action of trespass. It was tried on demurrer to the defendant’s plea, at the April Term, 1867, Pierpoint, Ch. J., presiding, and the court overruled the demurrer, and adjudged the plea sufficient and rendered judgment, pro forma, for defendant, — To which decision the plaintiff duly excepted.
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This was an action of trespass. It was tried on demurrer to the defendant’s plea, at the April Term, 1867, Pierpoint, Ch. J., presiding, and the court overruled the demurrer, and adjudged the plea sufficient and rendered judgment, pro forma, for defendant, — To which decision the plaintiff duly excepted. The second plea alleged among other things as follows : “ The defendant also, was, at that time, and for many years before, had been a resident of said town, and the annual meeting of the legal voters in town meeting in said town, duly warned, notified and holden in said town on the first…
1Opinion of the Court
The opinion of the court was delivered by
Wilson, J.
This cause came into this court on a general demurrer to the defendant’s plea of justification. It is insisted by the plaintiff’s counsel that the plea is bad, because it does not allege that the town had a quota to fill; nor that there were any men in Hinesburgh liable to military duty, or subject to draft; nor that there was a rebellion, nor that it was the duty of every town to furnish a quota. It is obvious that it was not necessary for the defendant to allege or set forth in his plea, all the circumstances aud particulars which rendered…
2Cases cited2 opinions
- Blodgett v. HolbrookSupreme Court of Vermont · 1866
- Clemons v. LewisSupreme Court of Vermont · 1864
3Cited by5 opinions
- Town of Wilson v. City of SheboyganWisconsin Supreme Court · 1939
- Walsh v. FarringtonSupreme Court of Vermont · 1933
- Hickok v. Town of ShelburneSupreme Court of Vermont · 1868
- Brochu v. BrownSupreme Court of Vermont · 1970
- Town of Milton v. Bert's Mobile Home Park, Inc.Supreme Court of Vermont · 1971