Lamoille County National Bank v. Hunt
Supreme Court of Vermont
General and special assumpsit. The plaintiff elected to go to trial upon the general counts in his declaration, and withdrew the special counts from the case. Trial by jury, Lamoille County, June Term, 1899, 'Watson, J., presiding. Verdict directed for the plaintiff. Judgment on verdict. The defendant excepted.
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General and special assumpsit. The plaintiff elected to go to trial upon the general counts in his declaration, and withdrew the special counts from the case. Trial by jury, Lamoille County, June Term, 1899, 'Watson, J., presiding. Verdict directed for the plaintiff. Judgment on verdict. The defendant excepted. After the jury was drawn the defendant moved to discharge the jury already called, for the reason that it had not been called from the whole number of jurors in attendance. It appeared that the trial of the preceding case was ended and the jury in that case discharged the night…
1Opinion of the CourtKowell, J.
The defendant was not entitled to have the jury drawn from the array, though at liberty. His full right was accorded when he had an impartial jury to try the case, as presumably he had. Quinn v. Halbert, 57 Vt. 178.
The plaintiff waived the special counts, and elected to go to-trial on the general counts. Thereupon the defendant asked leave to amend Ms pleadings, for that he was surprised by the action of the plaintiff, and could not safely go to trial on the pleading? as they were. The denial of leave was discretionary and not revisable. The defendant now claims that he wanted to plead res…
2Cases cited7 opinions
- Pitts v. . CongdonNew York Court of Appeals · 1849
- Quinn's Adm'rs v. HalbertSupreme Court of Vermont · 1884
- Adams v. BlissSupreme Court of Vermont · 1844
- Mott v. MottSupreme Court of Vermont · 1833
- Johnson v. KelleySupreme Court of Vermont · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Spaulding v. Mutual Life InsuranceSupreme Court of Vermont · 1922
- Powers v. Trustees of Caledonia County Grammar SchoolSupreme Court of Vermont · 1919
- Sowles' Admr. v. SartwellSupreme Court of Vermont · 1903
- State v. PilverSupreme Court of Vermont · 1917
- York Mfg. Co. v. RothwellCourt of Appeals for the Sixth Circuit · 1902