Dana v. McClure
Supreme Court of Vermont
This is an action of assumpsit commenced before a justice of tbe peace, and came to the county court by appeal, at its April Term, 1864. The court at that term adjourned April 15th. Before the justice the declaration was the general counts in assumpsit only.
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This is an action of assumpsit commenced before a justice of tbe peace, and came to the county court by appeal, at its April Term, 1864. The court at that term adjourned April 15th. Before the justice the declaration was the general counts in assumpsit only. The plaintiff filed a specification of his claim, which described the same note on which judgment was rendered before the justice, which was a witnessed note dated October 5th, 1849, payable in six months from date ; after which, the defendant pleaded the general issue, and the statute of limitations, and a notice under the statute of…
1Opinion of the Court
The opinion of the court was delivered by
Steele, J.
It is obvious that the whole question is made on the *201motion to dismiss. The new count either is or is not rightfully in the case. If it is rightfully in the case, it relates back to the commencement of the suit, and the defendant’s plea, that the cause of action did not accrue within fourteen years next before the filing of the new declaration, is bad. If it is not rightfully in the case, it should have been dismissed on the motion and the defendant not required to plead to it at all. The motion to dismiss the new count is made upon two…
2Cases cited2 opinions
- Lapham v. BriggsSupreme Court of Vermont · 1854
- Carpenter v. McClureSupreme Court of Vermont · 1866
3Cited by14 opinions
- Parker v. BowenSupreme Court of Vermont · 1924
- Schlitz v. Lowell Mutual Fire InsuranceSupreme Court of Vermont · 1923
- Taylor v. TaylorSupreme Court of Iowa · 1900
- Bainum v. American Bridge Co. of New YorkU.S. Circuit Court for the District of Western Pennsylvania · 1905
- Hueston v. Preferred Accident InsuranceSupreme Court of Iowa · 1918
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