Mary J. v. Solon Burroughs
Supreme Court of Vermont
This was an action in assumpsit. By the terms of the writ the defendant was attached “to answer unto Mary J. Wright of" New Haven, and Edward Wright, husband of the said Mary J. Wright.”
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This was an action in assumpsit. By the terms of the writ the defendant was attached “to answer unto Mary J. Wright of" New Haven, and Edward Wright, husband of the said Mary J. Wright.” The original declaration having been adjudged insufficient on demurrer, the' plaintiffs filed a new count as, follows: , “ And now come the plaintiffs in said cause, and for a new declaration therein declare against the defendant in a plea of the» ease, for that the defendant at Waltham, in said county of Addison, on the 15th day of April, 1881, did make, execute and. deliver to the plaintiff, Mary J. Wright,…
1Opinion of the Court
The opinion of the court was delivered by
Nowell, J..
The only statement of marital relation between the plaintiffs is in the writ, which is dated March 5, 1887, and attaches the defendant “ to answer to Mary J. Wright, of, &c., and Edward Wright, husband of said Mary J. Wright, &c.” But by statute the writ and the declaration are blended and made one, and in pleading the writ may be referred to to help out a defective averment in the declaration or the want of a material averment. Church v. Westminster, 45 Vt. 380.
The description of Edward Wright as husband of Mary J* Wright is mere descriptio…
2Cases cited5 opinions
- Forbes v. TuckermanMassachusetts Supreme Judicial Court · 1874
- Palmer v. . DavisNew York Court of Appeals · 1863
- Ackley v. . TarboxNew York Court of Appeals · 1864
- Church v. Town of WestminsterSupreme Court of Vermont · 1873
- White v. WaiteSupreme Court of Vermont · 1874
3Cited by8 opinions
- Richard v. RichardSupreme Court of Vermont · 1973
- Ainger v. White's Admrx.Supreme Court of Vermont · 1912
- Russell v. PhelpsSupreme Court of Vermont · 1901
- Story v. DowneySupreme Court of Vermont · 1890
- Comstock v. ComstockSupreme Court of Vermont · 1934
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