Hooker v. Smith
Supreme Court of Vermont
Trespass. In the second and third counts in the declaration the plaintiff alleged, that the defendants made an assault upon him and took him from his dwelling house, and kept him imprisoned, without reasonable cause, in the common jail in the county of Addison for a long space of time.
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Trespass. In the second and third counts in the declaration the plaintiff alleged, that the defendants made an assault upon him and took him from his dwelling house, and kept him imprisoned, without reasonable cause, in the common jail in the county of Addison for a long space of time. To these counts the defendants pleaded, in substance, that the defendant Smith, at the time of the committing of the supposed trespasses, was sheriff of the county of Addison and had in his hands a writ of execution in favor of one Goodrich, describing it, by which he was duly commanded to arrest and commit to…
1Opinion of the Court
*154The opinion of the court was delivered by
Hall, J.
It is objected in behalf of the defendants, that the replication prays judgment upon the second count, only, of the declaration, whereas the plea, to which it applies, is an answer to both the second and third counts j and that the replication is therefore bad. This defect is found in the replication; but the replication in every other respect covers both counts; and it is laid down in 1 Chit. PI. 643, that a defective conclusion of a replication can only be reached by special demurrer. This is believed to be the acknowledged rule; and as the…
2Cases cited2 opinions
- State v. HookerSupreme Court of Vermont · 1845
- Oystead v. ShedMassachusetts Supreme Judicial Court · 1815
3Cited by12 opinions
- Mejia v. City of New YorkDistrict Court, E.D. New York · 2000
- Williams v. StateSupreme Court of Arkansas · 1973
- McMahan v. GreenSupreme Court of Vermont · 1861
- Eaton v. Bernalillo CountyNew Mexico Supreme Court · 1942
- Dietrichs v. SchawIndiana Supreme Court · 1873
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