Blanchard v. Murray
Supreme Court of Vermont
Assumpsit on an award, in three counts. In the first count, the plaintiff declared that there had been an action of ejectment commenced by him, against the defendant, to recover the seizin and possession of a certain piece of land ; and that, for the settlement and determination thereof, the parties, on or about the 15th of June, 1840, made an agreement in writing to submit the same to the arbitrament and final determination of Enoch Hebard, Araunah Spear, and Avery Fitts,…
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Assumpsit on an award, in three counts. In the first count, the plaintiff declared that there had been an action of ejectment commenced by him, against the defendant, to recover the seizin and possession of a certain piece of land ; and that, for the settlement and determination thereof, the parties, on or about the 15th of June, 1840, made an agreement in writing to submit the same to the arbitrament and final determination of Enoch Hebard, Araunah Spear, and Avery Fitts, and if either of them could not be obtained, “they would accept Daniel Child”; and the plaintiff averred tíiat “ said…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
It is correctly stated and admitted by *551the counsel in this case, that many objections to a declaration, which would be fatal on a general demurrer, as well as those of which the defendant could avail himself on special" demurrer, are cured by a verdict. In the present case, it is not necessary to advert to those cases where this principle is acknowledged, as the objections to this declaration would not have been fatal, on general demurrer.
The declaration is assumpsit on a submission to, and award by, arbitrators. The first count sets…
2Cited by2 opinions
- State v. FreemanSupreme Court of Vermont · 1891
- State v. RawsonWest Virginia Supreme Court · 1884