Edwards v. Harrington
Supreme Court of Vermont
This was an action of trespass qua. clau. Plea, the general issue, and notice. Trial by jury, December term, 1867, Steele, J., presiding.
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This was an action of trespass qua. clau. Plea, the general issue, and notice. Trial by jury, December term, 1867, Steele, J., presiding. The notice alleged a submission to arbitration of the matter in controversy in this suit, after the commencement thereof, and the publication of an award, but did not set out the award, or in terms profess to state the substance thereof, but- only alleged that the award “ was to the effect that the defendant was not liable to pay to the plaintiff any damages for the injury complained of by said plaintiff.” On trial the plaintiff objected to the introduction…
1Opinion of the Court
The opinion of the court was delivered by (
Peck, J.
The counsel for the plaintiff is corx’ect in his proposition that the statute allowing special matter to be given in evidence under the general issue and notice, only dispenses with the form of a special plea, but not with the substance. It is not claimed that there was any variance between the award given in evidence and that described in the notice. The only objection alleged against the notice is that it does not set forth the award in terms or the substance of it, but only its effect. The award is not made a part of the case and has not…
2Cited by1 opinion
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