Landon v. Roberts
Supreme Court of Vermont
Book Account. The writ was made returnable to the county court, December Term, 1846; and the defendant appeared at that term and pleaded in abatement, in these words;— “ And the said defendant, by Minor &> Burton, his attorneys, ‘ comes and defends the wrong and injury when &c. and prays judg- ‘ ment of the said writ and declaration, because he says, that James ‘ Hickox, the justice of the peace who signed said writ and took se- ‘ curity by way of recognizance for the costs…
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Book Account. The writ was made returnable to the county court, December Term, 1846; and the defendant appeared at that term and pleaded in abatement, in these words;— “ And the said defendant, by Minor &> Burton, his attorneys, ‘ comes and defends the wrong and injury when &c. and prays judg- ‘ ment of the said writ and declaration, because he says, that James ‘ Hickox, the justice of the peace who signed said writ and took se- ‘ curity by way of recognizance for the costs of prosecution in said ‘ suit, was, at the time of signing said writ and taking said security ‘ by way of recognizance…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This is a plea in abatement, based upon the merest technical defect. It is, at most, a nice criticism upon the plaintiff’s writ. And if one criticism is encountered by another, it is but justice, perhaps. Such has been the course of decision in regard to this class of pleas; they have not usually been looked upon with much favor. Courts have felt justified in escaping from the consequences sought by such pleas, that is, delay, always, and often the entire defeating of a just claim, by any fair and reasonable rule of criticism. We think,…
2Cases cited1 opinion
- Pearson v. FrenchSupreme Court of Vermont · 1837
3Cited by7 opinions
- Holden v. ScanlinSupreme Court of Vermont · 1858
- State v. EmerySupreme Court of Vermont · 1886
- United States ex rel. Strait v. United States Fidelity & Guaranty Co.Supreme Court of Vermont · 1907
- Morse v. NashSupreme Court of Vermont · 1858
- Smith v. ChaseSupreme Court of Vermont · 1866
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