Swift v. Harriman
Supreme Court of Vermont
Assujipsit for the breach of a contract by the defendant, to carry on the plaintiff’s saw mill. The defendant filed a plea in offset, but this plea was not filed so early as was required by the rules of the court where the cause was tried.
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Assujipsit for the breach of a contract by the defendant, to carry on the plaintiff’s saw mill. The defendant filed a plea in offset, but this plea was not filed so early as was required by the rules of the court where the cause was tried. After this plea was filed, and before any objections had been made to it by the plaintiff, the cause was referred by the consent of the parties, and tried by the referees, and at the hearing before them the plaintiff objected to the defendant’s demand in offset, among other reasons, upon the ground that the plea in offset was not filed in season. The…
1Opinion of the Court
The opinion of the court was delivered by
Aldis, J.
The question whether the plea in offset was filed within the time prescribed by the rules of court, can not properly be raised after a reference of the case, and a hearing before the referees. Even if out of time, the court might have suspended the rule and admitted the plea. The objection must be held as waived by the reference.
The contract between the plaintiff and the defendant, as stated in the report, was this: a verbal contract by which the defendant was to carry on the plaintiff’s saw mill for one year, make all repairs costing one…
2Cases cited3 opinions
- Gilman v. HallSupreme Court of Vermont · 1839
- Morrison v. CummingsSupreme Court of Vermont · 1854
- Brackett v. MorseSupreme Court of Vermont · 1851
3Cited by1 opinion
- Kelly & Bragg v. Town of BradfordSupreme Court of Vermont · 1860