Jones v. Spear
Supreme Court of Vermont
Assumpsit for money had and received. The writ was made returnable to the December Term of the county court, 1847. At that term the defendant appeared and pleaded the general issue, and demanded a trial by jury.
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Assumpsit for money had and received. The writ was made returnable to the December Term of the county court, 1847. At that term the defendant appeared and pleaded the general issue, and demanded a trial by jury. The court, — Redfieed, J,, presiding,— refused to continue the case, or to allow a trial by jury, for the reason, that, by a rule of the court, suits brought for the collection of debts, in which the defendant claimed a trial, were to be continued to the second term, upon affidavit filed by the defendant, that he was advised and believed he had a good defence, — which affidavit the…
1Opinion of the Court
The opinion of the court was delivered by
Poland, J.
1. The first question in this case arises upon the exceptions of the principal debtor, on account of his having been denied a trial by jury, upon his claim to have his case tried in that manner. This request of the defendant was denied in consequence of the non-compliance of the defendant with a rule of the county court, which requires the defendant, in certain enumerated actions, (including such as the present,) to file an affidavit of defence, or else the action will be considered as a mere collecting suit, and the plaintiff be entitled to…
2Cases cited1 opinion
- Crane v. SticklesSupreme Court of Vermont · 1843
3Cited by11 opinions
- Farnham v. Lenox Motor Car Co.Massachusetts Supreme Judicial Court · 1918
- Kelsey v. KelleySupreme Court of Vermont · 1890
- Vermont Supreme Court Administrative Directive No. 17 v. Vermont Supreme CourtSupreme Court of Vermont · 1990
- Martyn v. CurtisSupreme Court of Vermont · 1896
- Muzzy v. CurtisSupreme Court of Vermont · 1969
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