Holbrook v. J. J. Quinlan & Co.
Supreme Court of Vermont
Assumpsit. Pleas, the general issue and special pleas in bar. Trial by jury at the September Term, 1909, Orleans County, Taylor, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion states the case. See 162 Fed. 272. When a suit is removed from a state court to a Federal court, a part of the subject-matter thereof cannot be split, dropped, or reserved, for another suit. 18 Ency.
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Assumpsit. Pleas, the general issue and special pleas in bar. Trial by jury at the September Term, 1909, Orleans County, Taylor, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion states the case. See 162 Fed. 272. When a suit is removed from a state court to a Federal court, a part of the subject-matter thereof cannot be split, dropped, or reserved, for another suit. 18 Ency. Pl. & Pr. 349; Whitney v. Clarendon, 18 Vt. 252; Bullard v. Thorpe, 66 Vt. 599. The acceptance of a general offer of judgment and entry thereof, concludes the party accepting it…
1Opinion of the CourtPowers, J.
The plaintiff patronized a “Stock Exchange” conducted at Newport by one Charles N. Bra'dy. The result was not altogether unusual, — he lost his money. He brought a suit against this defendant returnable to Orleans County court, predicating his claim upon the ground that this stock proposition was the defendant’s, and that Brady was its agent. This suit was, on the defendant’s motion, (it being a Maine corporation) removed to the Federal court and was therein tried at its May Term, 1907. The declaration in that suit counted specially on six different stock transactions, each bearing a separate…
2Cases cited39 opinions
- Barney v. LathamSupreme Court of the United States · 1881
- Carson v. DunhamSupreme Court of the United States · 1887
- Kern v. HuidekoperSupreme Court of the United States · 1881
- Bunch v. GraveIndiana Supreme Court · 1887
- Foster's Exrs. v. DickersonSupreme Court of Vermont · 1891
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3Cited by19 opinions
- Higgins, Admr. v. MetzgerSupreme Court of Vermont · 1928
- Sabre v. Rutland RailroadSupreme Court of Vermont · 1913
- State v. BisselSupreme Court of Vermont · 1934
- State v. BissellSupreme Court of Vermont · 1934
- Roberts v. RobertsWyoming Supreme Court · 1945
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