State v. Massey
Supreme Court of Vermont
Bill of complaint brought to the Court of Chancery for Caledonia County by the State’s Attorney for said County. The defendants, Ernest Massey and Henry Massey, did not appear, and as to them the bill was taken as confessed on such default. The defendants, B. G. Howe and the First National Bank of St. Johnsbury, filed their answer and therein incorporated their demurrers.
Read the full summary
Bill of complaint brought to the Court of Chancery for Caledonia County by the State’s Attorney for said County. The defendants, Ernest Massey and Henry Massey, did not appear, and as to them the bill was taken as confessed on such default. The defendants, B. G. Howe and the First National Bank of St. Johnsbury, filed their answer and therein incorporated their demurrers. The cause was heard on said demurrers at the June Term, 1899, before Thompson, Chancellor, who overruled the demurrers and adjudged the bill sufficient. The demurrants thereupon moved to have the benefit of their demurrers…
1Opinion of the CourtTyler, J.
I. The decision of one question in this case, which has been discussed at considerable length by counsel for the defendants, must depend upon the practice that should prevail under rules 15 and 17 in chancery. Bule 15 reads :
“ Instead of filing a formal plea or demurrer, the defendant may insist in his answer on any special matter that goes to the merits of the bill, and have the same benefit thereof as if he had pleaded the same or demurred to the bill.”
Availing themselves of this rule, the defendants Howe and the First National Bank filed their answer and incorporated therein a demurrer.…
2Cases cited4 opinions
- Carleton v. RuggMassachusetts Supreme Judicial Court · 1889
- State v. MurphySupreme Court of Vermont · 1898
- Town of Westminster v. WillardSupreme Court of Vermont · 1893
- Stewart v. FlintSupreme Court of Vermont · 1884
3Cited by6 opinions
- Waterman v. MoodySupreme Court of Vermont · 1918
- Joiner v. StateSupreme Court of Alabama · 1936
- O'Rourke v. ClearySupreme Court of Vermont · 1932
- State v. CollinsSupreme Court of Vermont · 1901
- Addison Central School District v. Monsanto Co.District Court, D. Vermont · 2024
1 more not listed; retrieve them via the Exa API.