Scott v. School District No. 9
Supreme Court of Vermont
Assumpsit. Pleas, the general issue and statute of limitations. Heard at the March term, 1893, Washington county, .Tyler, J., presiding, on demurrer to the plaintiff’s replication to the plea of the statute of limitations. Demurrer overruled, and replication adjudged sufficient. The defendant excepted, and by stipulation of parties it was agreed that the exceptions might lie, and the case proceed without prejudice to the exceptions.
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Assumpsit. Pleas, the general issue and statute of limitations. Heard at the March term, 1893, Washington county, .Tyler, J., presiding, on demurrer to the plaintiff’s replication to the plea of the statute of limitations. Demurrer overruled, and replication adjudged sufficient. The defendant excepted, and by stipulation of parties it was agreed that the exceptions might lie, and the case proceed without prejudice to the exceptions. The defendant being thereupon permitted to plead over plead the general issue, and a trial was had by the court. Upon the facts found by the court, judgment was…
1Opinion of the CourtRowell, J.
The replication to the statute of limitations is demurred to. The replication seeks to bring the case within the statute that if, in an action commenced within the time limited, the writ fails of a sufficient service or return by unavoidable accident or by fault or neglect of the officer to whom it is committed, or is abated, the plaintiff may commence a new action for the same cause within a year; and it alleges, in effect, that this plaintiff seasonably commenced a former action for the same cause, and that the writ therein was served on the defendant only fifteen days before the return…
2Cases cited3 opinions
- Pickett v. School District No. OneWisconsin Supreme Court · 1870
- Langdon v. Town of CastletonSupreme Court of Vermont · 1858
- Brown v. School DistrictSupreme Court of Vermont · 1883
3Cited by4 opinions
- Day v. School District No. 21Montana Supreme Court · 1934
- Cloverdale Union High School District of Sonoma County v. PetersCalifornia Court of Appeal · 1928
- McFarland v. GordonSupreme Court of Vermont · 1898
- Brochu v. BrownSupreme Court of Vermont · 1970