Alexander v. School District No. 6.
Supreme Court of Vermont
This was an action of general assumpsit, and was heard at the "September Term, 1889, upon the defendant’s motion to dismiss and the plaintiff’s demurrer to the defendant’s special plea. The motion was overruled, the demurrer sustained, and judgment given for the plaintiff. The defendant excepts.
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This was an action of general assumpsit, and was heard at the "September Term, 1889, upon the defendant’s motion to dismiss and the plaintiff’s demurrer to the defendant’s special plea. The motion was overruled, the demurrer sustained, and judgment given for the plaintiff. The defendant excepts. The plaintiff filed the following specifications: “ You are hereby notified that the plaintiff in the above suit will claim judgment at the April Term of said court only upon the following instrument, viz.: Fairfax, Yt., March 7, 1883. Treasurer of School District Do. 6, in T air fax. Please pay W. N.…
1Opinion of the Court
The opinion of the court was delivered by.Rowell, J.
The motion to dismiss is sought to be maintained on the ground that the plaintiff cannot recover as bearer on the order set out in the specifications, or bill of particulars, because it is not negotiable'. This ground is entirely untenable, and wholly misconceives the nature and scope of a motion to dismiss. Such a motion is in the nature of a plea in abatement, and is not used for testing the right of recovery on the merits, but only for impeaching the correctness of the proceedings for the purpose of abating the action. Defects apparent on…
2Cases cited5 opinions
- Pennie v. ReisSupreme Court of the United States · 1889
- Dillon v. BarnardSupreme Court of the United States · 1875
- Wright v. DickinsonMichigan Supreme Court · 1887
- Lapham v. BriggsSupreme Court of Vermont · 1854
- Executors of Schoonmaker v. ElmendorfNew York Supreme Court · 1813
3Cited by12 opinions
- Tracy v. Grand Trunk Railway Co.Supreme Court of Vermont · 1904
- Boville v. Dalton Paper MillsSupreme Court of Vermont · 1912
- Underhill v. Rutland RailroadSupreme Court of Vermont · 1916
- Lynch's Admr. v. Central Vermont Railway Co.Supreme Court of Vermont · 1915
- Taft v. TaftSupreme Court of Vermont · 1909
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