Walker v. Wooster's Admr.
Supreme Court of Vermont
This was an appeal from the disallowance of commissioners •appointed by the Probate Court to receive and adjust claims -against the estate óf Benj. P. Wooster, deceased. The plaintiff ■filed with his appeal by way of declaration the' general counts, -and also a special count claiming to recover the amount duo on six promissory notes. The defendant pleaded the general issue, and the statute of limitations.
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This was an appeal from the disallowance of commissioners •appointed by the Probate Court to receive and adjust claims -against the estate óf Benj. P. Wooster, deceased. The plaintiff ■filed with his appeal by way of declaration the' general counts, -and also a special count claiming to recover the amount duo on six promissory notes. The defendant pleaded the general issue, and the statute of limitations. To the plea of the statute the ^plaintiff replied that in thelifetime of the said Wooster, and before the running of the statute he had begun a suit on the same claim ■which he sought to…
1Opinion of the Court
The opinion of the court was delivered by
Powers, 3.
The defendant’s demurrer to, the replication cam have effect only as a general demurrer. It is-not enough in a special demurrer for argumentativeness to .say merely that an allegation is argumentative. The demurrer should point out with precision the objection relied upon. The demurrant should. “ put his finger upon the informality,” otherwise. his demurrer will be general. 1 Wilson, 219; Snyder v. Croy, 2 Johns. 428; Currie v. Henry, 2 Johns. 433; Onion v. Clark, 18 Vt. 363; Carpenter v. McClure, 40 Vt. 108.
The objection of argumentativeness…
2Cases cited8 opinions
- State ex rel. Attorney General v. McCartyIndiana Superior Court · 1872
- Currie v. HenryNew York Supreme Court · 1807
- Catlin v. Lyman & MarshSupreme Court of Vermont · 1844
- Woodward v. FrenchSupreme Court of Vermont · 1858
- Onion v. ClarkSupreme Court of Vermont · 1846
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3Cited by2 opinions
- Spelman v. DelanoMissouri Court of Appeals · 1914
- Bouchard v. Central Vermont Railway Co.Supreme Court of Vermont · 1914