Martin v. Blodget
Supreme Court of Vermont
IN ERROR. THE action below was assumpsit, on a warranty upon the sale of a mare, commenced before a justice of the peace. From the record, it appeared, that after several continuances, the defendant below pleaded non-assumpsit, and judgment was rendered for the plaintiffs, whereupon the defendant below appealed to the county court.
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IN ERROR. THE action below was assumpsit, on a warranty upon the sale of a mare, commenced before a justice of the peace. From the record, it appeared, that after several continuances, the defendant below pleaded non-assumpsit, and judgment was rendered for the plaintiffs, whereupon the defendant below appealed to the county court. In the county court, he pleaded in abatement, that the writ was not signed by the justice of the peace in his official capacity, but that his name was subscribed thereto by some other person, without averring that the signature was not authorized and directed by…
1Opinion of the Court
The opinion of the Court was delivered by
Hutchinson, J.
Upon the inspection of this writ of error, it appears that the original action was assumpsit, in favour of the defendant in error, against the plaintiff in error, upon a promise that the mare delivered by Martin to them was sound; the declaration then averring that she was unsound, but not alleging in what the unsoundness consisted. The action was brought before a justice, and tried there upon the general issue joined to the Court. Then it was appealed to the county court, a plea in abatement filed and rejected or overruled, and the…
2Cited by3 opinions
- Wade v. Wade's Admr.Supreme Court of Vermont · 1908
- State v. FreemanSupreme Court of Vermont · 1891
- People v. BrownNew York Supreme Court · 1803