Town of Grand Isle v. Kinney
Supreme Court of Vermont
Special Assumpsit. At tbe February Term, 1896, Grand Isle County, Start, J., presiding, tbe cause was beard upon demurrer to tbe declaration, and the demurrer was overruled and exceptions of tbe defendants to that ruling were ordered to lie. At the August Term, 1896, a new declaration was filed. At tbe August Term, 1897, 'Taft, J., presiding, tbe cause was beard upon tbe report of a referee, the defendants’ exceptions thereto and motion to recommit.
Read the full summary
Special Assumpsit. At tbe February Term, 1896, Grand Isle County, Start, J., presiding, tbe cause was beard upon demurrer to tbe declaration, and the demurrer was overruled and exceptions of tbe defendants to that ruling were ordered to lie. At the August Term, 1896, a new declaration was filed. At tbe August Term, 1897, 'Taft, J., presiding, tbe cause was beard upon tbe report of a referee, the defendants’ exceptions thereto and motion to recommit. Tbe motion was denied, the exceptions overruled, and judgment rendered for tbe plaintiff. Tbe defendants excepted.
1Opinion of the Court
Ross, C.J.(1) By pleading tbe general issue, after their demurrer was overruled, and going to trial upon it, the defendants waived their demurrer. Rea v. Harrington, 58 Vt. 181. Thereafter, like any case referred by consent of tbe parties, tbe declaration, upon tbe coming in of tbe referee’s *383report, was amendable to any extent, to adapt it to the facts found and reported, provided the form nor cause of action was not thereby changed. Hence we have not considered the sufficiency of the original counts of the declaration to withstand the challenge of the demurrer.(2) The defendants excepted to…
2Cases cited15 opinions
- Folsom v. Town of UnderhillSupreme Court of Vermont · 1864
- Rea v. HarringtonSupreme Court of Vermont · 1885
- Rutland & Burlington Railroad v. ProctorSupreme Court of Vermont · 1856
- Trustees of Troy Conference Academy v. NelsonSupreme Court of Vermont · 1852
- Blodgett v. MorrillSupreme Court of Vermont · 1848
10 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Zell v. American Seating Co.Court of Appeals for the Second Circuit · 1943
- New York Trust Co. v. Island Oil & Transport CorporationCourt of Appeals for the Second Circuit · 1929
- P. A. Smith Co. v. MullerCalifornia Supreme Court · 1927
- Eastern States Agricultural & Industrial League v. Estate of VailSupreme Court of Vermont · 1924
- West Rutland Trust Co. v. HoustonSupreme Court of Vermont · 1932
8 more not listed; retrieve them via the Exa API.