Dean v. Cass
Supreme Court of Vermont
In the first of the cases above named, the declaration was. upon a false warranty in three counts. Plea, the general issue. Trial by jury, Caledonia County, December Term, 1900, Taft, C. J., presiding. Verdict for the plaintiff. After verdict and before judgment the defendant filed a motion in arrest of judgment. The motion was denied and judgment was rendered on the verdict. The defendant excepted.
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In the first of the cases above named, the declaration was. upon a false warranty in three counts. Plea, the general issue. Trial by jury, Caledonia County, December Term, 1900, Taft, C. J., presiding. Verdict for the plaintiff. After verdict and before judgment the defendant filed a motion in arrest of judgment. The motion was denied and judgment was rendered on the verdict. The defendant excepted. The second of the above named cases was assumpsit on a note, and the only question therein was raised by an exception on the part of the plaintiff to the disallowance of certain items of costs.
1Opinion of the CourtStafford, J.
The declaration is upon a false warranty in the sale, or exchange of a piano. The first and second counts are in assumpsit and the third is in tort. Compare forms, 2 Chitty, Pl. 279, 679. This is a misjoinder and justified the defendant’s motion in arrest of judgment. Joy v. Hill, 36 Vt. 333.
The statute invoked by the plaintiff, V. S. 1154, does not apply to such a case, but was enacted to remedy a defect in the law when there were several counts, some good and some bad, all for the same cause of action, and a general verdict. Before the statute the verdict was presumed to have been rendered…
2Cases cited3 opinions
- Posnett v. MarbleSupreme Court of Vermont · 1890
- Joy & Carr v. HillSupreme Court of Vermont · 1863
- Bliss v. Connecticut & Passumpsic Rivers RailroadSupreme Court of Vermont · 1875
3Cited by6 opinions
- Rowley v. ShepardsonSupreme Court of Vermont · 1910
- Caldbeck v. SimantonSupreme Court of Vermont · 1909
- State v. PalmerSupreme Court of Vermont · 1920
- Smith v. Badlam and AndersonSupreme Court of Vermont · 1940
- Wilson Bros. Garage v. LarrowSupreme Court of Vermont · 1916
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