Woods v. Darling
Supreme Court of Vermont
Book Account. Pendency of former action pleaded in abatement. Traverse. Heard on an agreed statement at the December term, 1898, Orange county, Rowell, J., presiding. Plea overruled. The defendant excepted and the cause was passed directly to this court. If the action of assumpsit, entered in court September 29, 1898, was pending and undetermined therein when the present action of book account for the same cause was commenced, the former abates the latter.
Read the full summary
Book Account. Pendency of former action pleaded in abatement. Traverse. Heard on an agreed statement at the December term, 1898, Orange county, Rowell, J., presiding. Plea overruled. The defendant excepted and the cause was passed directly to this court. If the action of assumpsit, entered in court September 29, 1898, was pending and undetermined therein when the present action of book account for the same cause was commenced, the former abates the latter. HU v. Dunlap, 15 Vt. 645; 1 Chitty PI. 454; Gould PI., c. V. § 122. The first suit between these parties was pending from the moment that…
1Opinion of the CourtTyler, J.
On September 8, 1898, the plaintiff brought an action of general assumpsit against the defendant, making the writ returnable to the December term, 1898, of Orange county court; service was made upon the defendant September 9th, and the case was duly docketed September 27th. The defendant’s counsel entered their appearance and filed a motion to dismiss the writ for the reason that it directed the defendant to enter his appearance within twenty-one days from its date instead of forty-two days as *352the statute required. The plaintiff then, and before the service of the writ in the present action,…
2Cases cited5 opinions
- Downer v. GarlandSupreme Court of Vermont · 1849
- Hill v. DunlapSupreme Court of Vermont · 1843
- Kirby v. JacksonSupreme Court of Vermont · 1870
- Mead v. ArmsSupreme Court of Vermont · 1829
- Fullam v. IvesSupreme Court of Vermont · 1865
3Cited by1 opinion
- Powell v. WoodburySupreme Court of Vermont · 1912