Wilson Bros. Garage v. Tudor
Supreme Court of Vermont
General Assumpsit, Windham County, April Term, 1915, Butler, J., presiding. This is an appeal from the judgment of a justice of the peace in an action of general assumpsit. In the writ the plaintiffs are set up as “A. H. Wilson and C. J. Wilson partners doing business under the firm name and style of Wilson Bros. Garage,'” of Brattleboro, this State.
Read the full summary
General Assumpsit, Windham County, April Term, 1915, Butler, J., presiding. This is an appeal from the judgment of a justice of the peace in an action of general assumpsit. In the writ the plaintiffs are set up as “A. H. Wilson and C. J. Wilson partners doing business under the firm name and style of Wilson Bros. Garage,'” of Brattleboro, this State. The copies of appeal show that before the justice the defendant pleaded the general issue and set-off, and filed specifications in set-off. On trial judgment was rendered for the plaintiffs. Defendant appealed. The only pleadings filed by the…
1Opinion of the CourtWatson, J.
The three pleas filed in the county court, even' though they be said to contain matters only in abatement, severally concluded by praying judgment if the plaintiff ought to have or maintain its aforesaid action, and therefore they were *525pleas in bar. Williams’s Notes, 2 Saund. 209c; 1 Chit. Pl. 460; Lyman v. Central Vermont R. R. Co., 59 Vt. 167, 10 Atl. 346. Yet, as will be seen, the ruling that those pleas were dilatory in character was not of as much consequence as the further ruling in connection therewith, that the right to take advantage of the matters alleged therein was waived by…
2Cases cited6 opinions
- Grumon v. RaymondSupreme Court of Connecticut · 1814
- Aiken v. RichardsonSupreme Court of Vermont · 1843
- Lyman v. Central Vermont R. R.Supreme Court of Vermont · 1886
- Adams v. WhitcombSupreme Court of Vermont · 1874
- Muzzy v. HowardSupreme Court of Vermont · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Stoddard & Son v. Village of North TroySupreme Court of Vermont · 1930
- Enosburg Grain Co. v. Wilder ClarkSupreme Court of Vermont · 1941
- Sargent v. ShepardSupreme Court of Vermont · 1920
- Amey v. Vermont Products Co.Supreme Court of Vermont · 1935
- Lowell v. WoodSupreme Court of Vermont · 1922
1 more not listed; retrieve them via the Exa API.