Bachop v. Hill
Supreme Court of Vermont
Heard on a referee’s report, December Term, 1881, Powers, J., presiding. The Court disallowed the larger sum found due for rent. The action was assumpsit, containing only the general counts, claiming the sum of $90, “ for work and labor, care . . . ; also for a like further sum due from the defendant to the plaintiff for rent.” The other facts are stated in the opinion. Assumpsit is the proper action for rent. 1 Chit, PI. (8 Am. Ed.) 343 ; Chit, on Con. (11 Am.
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Heard on a referee’s report, December Term, 1881, Powers, J., presiding. The Court disallowed the larger sum found due for rent. The action was assumpsit, containing only the general counts, claiming the sum of $90, “ for work and labor, care . . . ; also for a like further sum due from the defendant to the plaintiff for rent.” The other facts are stated in the opinion. Assumpsit is the proper action for rent. 1 Chit, PI. (8 Am. Ed.) 343 ; Chit, on Con. (11 Am. Ed.) 510-11. The plaintiff had a right to amend. 23 Vt. 673 ; 29 Vt. 459; 51 Vt. 272. All questions of form are waived by the…
1Opinion of the Court
The opinion of'the Court was delivered by
Royce, Ch. J.
The only question made in the County Court upon the hearing on the report was as to the power of the court to allow the original declaration to be amended by filing the new count which is appended to the report. No question is made but that the item for rent was recoverable upon the report made by the referee, if it was allowable to file that count. The form of action was the proper one for the recovery of rent; and the original declaration alleged that at the time of bringing the suit the defendant was indebted to the plaintiff in the sum…
2Cases cited5 opinions
- Skinner v. GrantSupreme Court of Vermont · 1840
- Way v. WakefieldSupreme Court of Vermont · 1835
- Lyndon Granite Co. v. FarrarSupreme Court of Vermont · 1880
- Blodget v. SkinnerSupreme Court of Vermont · 1843
- Peck v. SmithSupreme Court of Vermont · 1830
3Cited by2 opinions
- Smith v. Badlam and AndersonSupreme Court of Vermont · 1940
- Grotte v. NagleNebraska Supreme Court · 1897