Morey v. King, Fuller & Co.
Supreme Court of Vermont
Assumpsit. Plea, the general issue. At the September Term, 1875, the defendant set the case not for the jury, and moved for a continuance ; but the court refused to grant it, and, without hearing any evidence, rendered judgment for the plaintiff, continuing .the case for the assessment of damages until the April Term, 1876, when it was tried by a jury, Royce, J. presiding.
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Assumpsit. Plea, the general issue. At the September Term, 1875, the defendant set the case not for the jury, and moved for a continuance ; but the court refused to grant it, and, without hearing any evidence, rendered judgment for the plaintiff, continuing .the case for the assessment of damages until the April Term, 1876, when it was tried by a jury, Royce, J. presiding. The declaration was in the common counts, with a special count, alleging that by a certain agreement made between the plaintiff and the defendants on October 4, 1871, the plaintiff agreed “ to construct all the culvert…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The questions reserved in this case all arise upon the assessment of the damages. At a previous term, the defendants set the case “ not for the jury,” and applied for a continuance, which was refused, and judgment was rendered against them without the introduction of any evidence. The case was then continued for the assessment of damages. This preliminary judgment determined the plaintiff’s right to recover damages for every breach of the contract properly set forth in the declaration, and precluded the parties from introducing any evidence…
2Cases cited5 opinions
- Chamberlin v. MurphySupreme Court of Vermont · 1868
- Hyde v. MoffatSupreme Court of Vermont · 1844
- Webb v. WebbSupreme Court of Vermont · 1844
- Bradley v. ChamberlainSupreme Court of Vermont · 1859
- Sweet v. McDanielsSupreme Court of Vermont · 1867
3Cited by14 opinions
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- Hoge v. NortonSupreme Court of Kansas · 1879
- Capital Garage Co. v. PowellSupreme Court of Vermont · 1925
- McDuffee's Admx. v. Boston & Maine RailroadSupreme Court of Vermont · 1908
- Fitzsimons v. Richardson, Twigg & Co.Supreme Court of Vermont · 1912
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