Legal Opinion

Carpenter v. McClure

Supreme Court of Vermont

Decided January 15, 1866PublishedCited by 2 opinions

Assumpsit upon a promissory note, and also the common counts for work and labor, money had and received, &c. The defendant pleaded the general issue, and gave notice of special matter in defence, and also several special pleas in off-set, and also pleaded the statute of limitations. To which plea of the statute of limitations the plaintiff replied, that the note was a witnessed note, and had not run fourteen years, to which replication the defendant demurred specially.

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Assumpsit upon a promissory note, and also the common counts for work and labor, money had and received, &c. The defendant pleaded the general issue, and gave notice of special matter in defence, and also several special pleas in off-set, and also pleaded the statute of limitations. To which plea of the statute of limitations the plaintiff replied, that the note was a witnessed note, and had not run fourteen years, to which replication the defendant demurred specially. The court at the April Term, 1864, Pierpoint, J., presiding, overruled the demurrer and adjudged the replication sufficient,…

1Opinion of the Court

The opinion of the eourt was delivered by

Peck, J.

The question in this case .arises upon demurrer to the plaintiff’s replication. The defendant assigns for special causes of demurrer, among other things, that the replication is double and argumentative. These are causes of special demurrer only, and in order to entitle the pleader to avail himself of them he must point out specifically in his demurrer wherein the duplicity or argumentativeness exists. This the defendant has not done and therefore neither of these objections can prevail.

It is- objected that the replication is a departure from…

2Cases cited2 opinions

  1. Lapham v. BriggsSupreme Court of Vermont · 1854
  2. Perkins v. BurbankMassachusetts Supreme Judicial Court · 1806

3Cited by2 opinions

  1. Dana v. McClureSupreme Court of Vermont · 1867
  2. Fletcher v. MunroeSupreme Court of Vermont · 1889

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