Feltt v. Davis
Supreme Court of Vermont
Case. The declaration alleged, ■ That whereas a suit is pending in the County Court within and for the County of Windsor, between the plaintiffs and the defendant; and whereas the defendant on, &c., at, &c., caused a citation to be served upon the plaintiffs^ to be present at the office of William Deavitt, in Moretown, in the County of Washington, on, &c., to be present at the taking of the deposition of defendant, to be used in said cause, and caused a copy of said citation…
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Case. The declaration alleged, ■ That whereas a suit is pending in the County Court within and for the County of Windsor, between the plaintiffs and the defendant; and whereas the defendant on, &c., at, &c., caused a citation to be served upon the plaintiffs^ to be present at the office of William Deavitt, in Moretown, in the County of Washington, on, &c., to be present at the taking of the deposition of defendant, to be used in said cause, and caused a copy of said citation to be delivered to each of the said plaintiffs, on, &c., and averred, that in consequence thereof, plaintiffs employed…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The demurrer reaches the first defect in the pleadings. While admitting that his plea may be defective, the defendant insists that the declaration does not disclose a cause of action, and hence his plea is a sufficient answer to it. The action, so far as it can be characterized by the facts stated in the declaration, is an action on the case, sounding in tort. To entitle the plaintiffs to recover, they must show that the acts set forth in the declaration, as to them, were tortious, and occasioned them damage. The defendant had a legal right to…
2Cases cited1 opinion
- Mann v. HolbrookSupreme Court of Vermont · 1848