Fletcher v. Bennett
Supreme Court of Vermont
Assumpsit. Plea the general issue and special plea, to which the plaintiff replied. To the plaintiff’s replication the defendant rejoined, to which the plaintiff demurred. Upon a hearing upon this demurrer, it was adjudged.that the rejoinder was insufficient. To which decision the defendant excepted. The facts of this case as shown by the pleadings are stated, in the opinion of the court.
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Assumpsit. Plea the general issue and special plea, to which the plaintiff replied. To the plaintiff’s replication the defendant rejoined, to which the plaintiff demurred. Upon a hearing upon this demurrer, it was adjudged.that the rejoinder was insufficient. To which decision the defendant excepted. The facts of this case as shown by the pleadings are stated, in the opinion of the court. The judgment by confession worked a merger of the original cause of action, and therefore worked as an extinguishment of the cause ; and so is a bar of the action further. Laphcim v. Briggs, 27 Vt. 27 ;…
1Opinion of the Court
Poland, Ch. J.
The facts of this case as shown by the pleadings, are as follows. The plaintiff commenced his suit against the defendant returnable to the county court, and the same was served by an attachment of the defendant’s property. Subsequently Goodwin and other creditors of the defendant commenced suits against him and attached the same property. After all the attachments, and before the return of the plaintiff’s writ, the defendant confessed a judgment in favor of the plaintiff for the amount of his debt, which was assented to, or accepted by the plaintiff. On discovering that the…
2Cases cited5 opinions
- Fletcher v. JacksonSupreme Court of Vermont · 1851
- Proctor v. ThrallSupreme Court of Vermont · 1850
- Harding v. HardingSupreme Court of Vermont · 1853
- Barnes v. LaphamSupreme Court of Vermont · 1856
- Central Bank v. CurtisSupreme Court of Connecticut · 1857
3Cited by2 opinions
- State Bank v. SchultzeMontana Supreme Court · 1922
- Farr v. LaddSupreme Court of Vermont · 1864