Richardson v. Fletcher
Supreme Court of Vermont
Action under V. S. 2359, to recover the penalty therein provided. Heard on the defendant’s demurrer to the declaration at the June Term!, 1901, Windsor County, Start, J., presiding. Demurrer overruled and' declaration adjudged sufficient. The defendant excepted. No such action exists at common law, and the statute is penail. The plaintiff does not allege that the neglects of duty complained of are in violation of any statute, — contra formam statuti..
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Action under V. S. 2359, to recover the penalty therein provided. Heard on the defendant’s demurrer to the declaration at the June Term!, 1901, Windsor County, Start, J., presiding. Demurrer overruled and' declaration adjudged sufficient. The defendant excepted. No such action exists at common law, and the statute is penail. The plaintiff does not allege that the neglects of duty complained of are in violation of any statute, — contra formam statuti.. Puller v. Puller, 4 Vt. 123; Burnell v. Dodge, 33 Vt. 462. The allegation is that “By reason of the alllegations and facts set forth” an action…
1Opinion of the CourtWatson, J.
This case is here on general and special demurrer to the declaration. No' such right of action exists at common law, and the statute on which the action is based is plenal. Blaine v. Curtis, 59 Vt. 120, 7 Atl. 708, 59 Am. Rep. 702.
The first ground of demurrer is the lack of any direct allegation that the action is founded on a statute or statutes. It is contended that the declaration should allege that the acts constituting the ground of action w’ere against the form of the statute. The only reference to the statutes made in the declaration is in the last paragraph, which reads: “And the…
2Cases cited14 opinions
- State v. AbbeySupreme Court of Vermont · 1856
- Blaine v. CurtisSupreme Court of Vermont · 1886
- Hine v. PomeroySupreme Court of Vermont · 1867
- Bayard v. SmithNew York Supreme Court · 1837
- State v. HigginsSupreme Court of Vermont · 1880
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3Cited by3 opinions
- State v. ScampiniSupreme Court of Vermont · 1904
- State v. Alexander Ikey's EstateSupreme Court of Vermont · 1911
- Richardson v. FletcherSupreme Court of Vermont · 1904