Cunningham v. Caldbeck
Supreme Court of Vermont
This was an action for slander, and was heard upon the plaintiff’s demurrer to the defendant’s jilea at the December term, 1889, Bennington county, Tyler, J., jiresiding. The demurrer vras sustained, and the defendant excejited.
Read the full summary
This was an action for slander, and was heard upon the plaintiff’s demurrer to the defendant’s jilea at the December term, 1889, Bennington county, Tyler, J., jiresiding. The demurrer vras sustained, and the defendant excejited. The suit was made returnable to the December term, 1889, and at that term the defendant filed the following jilea : “ And the said defendant in his own jirojier person, comes and says, that this court ought not to have or take further cognizance of the action aforesaid, because he says that the writ in suit was made returnable before the County Court to be held at…
1Opinion of the Court
The opinion of the court was delivered by
POWERS, J.
The plea in this case is erroneously treated as a plea in abatement. This is not its scope nor its structure.
It is a plea to the jurisdiction of the Bennington County Court. It does not seek to abate the process, but disputes the right of the court to take cognizance of the process in the particular county where the same is pending.
Beanies says in his pleas in Equity 55, quoting Lord Coke that “ The King hath committed and distributed ail his whole }iower of jurisdiction to several courts of justice; ” that pleas to the jurisdiction in effect…
2Cases cited1 opinion
- Barrows v. McGowanSupreme Court of Vermont · 1867
3Cited by4 opinions
- In Re Estate of EverettSupreme Court of Vermont · 1941
- United States ex rel. Strait v. United States Fidelity & Guaranty Co.Supreme Court of Vermont · 1907
- Stevens v. BowkerSupreme Court of Vermont · 1919
- Dunklee v. GoodenoughSupreme Court of Vermont · 1893