Dunklee v. Goodenough
Supreme Court of Vermont
General assumpsit. Pleas, non-assumpsit and a special plea in bar. The plaintiff joined issue on the first plea, and filed a .special replication to the second. Heard at the March term, 1890, Koss, O. J., presiding, upon the defendant’s general demurrer to the plaintiff’s replication. Demurrer overruled, and replication adjudged sufficient. The defendant excepts. The plea and replication were as follows: PLEA.
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General assumpsit. Pleas, non-assumpsit and a special plea in bar. The plaintiff joined issue on the first plea, and filed a .special replication to the second. Heard at the March term, 1890, Koss, O. J., presiding, upon the defendant’s general demurrer to the plaintiff’s replication. Demurrer overruled, and replication adjudged sufficient. The defendant excepts. The plea and replication were as follows: PLEA. “And for further plea in this behalf the defendant, by leave •of the court here for that purpose, first had and obtained, according to the forms of the statute in such case made and…
1Opinion of the Court
The opinion of the court was delivered by
TAFT, J.
If, in the proceedings before Justice Tyler, the merits of the case were in issue and judgment rendered thereon, that judgment properly pleaded, is a bar to this action. The defendant sets forth in his plea that in that suit he was impleaded for not performing the very same identical promises, and each and every one of them upon which he is sued in this action, and that he recovered judgment for his legal costs. He does not aver that he recovered judgment as well on occasion of his performing, or not performing, the same identical promises and…
2Cited by2 opinions
- Derosia v. FerlandSupreme Court of Vermont · 1912
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