Holden v. Scanlin
Supreme Court of Vermont
Assumpsit. The plaintiff’s writ and declaration were brought in his own name, and with no allegation that he was under guardianship.
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Assumpsit. The plaintiff’s writ and declaration were brought in his own name, and with no allegation that he was under guardianship. The- defendant plead in abatement as follows: “ And the defendant comes and defends the wrong and injury, when, etc., and prays judgment of the said writ and declaration, that the same may be quashed, because, he says, that heretofore, to wit, on the 24th day of July, 1854, at a session of the Honorable Probate Court for the District of Addison, the said plaintiff, Aaron Holden, was adjudged an insane person, and one John G-. Perry, of Leicester, in said county…
1Opinion of the Court
The opinion of the court was delivered by
Poland, J.
The first question presented in this case is as to the sufficiency of the plaintiff’s replication to the defendant’s plea in abatement.
The plaintiff in his replication does not traverse the allegation in the plea that Perry was, by the probate court, appointed guardian of the plaintiff, but traverses the allegations that the plaintiff was found or adjudged to be an insane person, and that Perry was appointed his guardian as an insane person.
The defendant claims that this is not a traverse of an issuable fact, and tenders an issue on an…
2Cases cited1 opinion
- Landon v. RobertsSupreme Court of Vermont · 1848
3Cited by9 opinions
- In re AllenSupreme Court of Vermont · 1909
- In Re Walker Estate. TreadwaySupreme Court of Vermont · 1941
- North v. JoslinMichigan Supreme Court · 1886
- In re Estate of ClogstonSupreme Court of Vermont · 1919
- In Re Warner's EstateSupreme Court of Vermont · 1925
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