Brown v. Storm
Supreme Court of Vermont
This was a declaration for betterments, containing four counts. The first was as follows : “ Whereas the said Storm, in his action of ejectment against the said Brown, has recovered final judgement in said action for the seizin and possession of the 2d division lot drawn to the right of Jonas Coniff, original proprietor, being lot no. 12, in the 12th range oflots in Berlin, in said county; nominal damages of one cent, and his costs.
Read the full summary
This was a declaration for betterments, containing four counts. The first was as follows : “ Whereas the said Storm, in his action of ejectment against the said Brown, has recovered final judgement in said action for the seizin and possession of the 2d division lot drawn to the right of Jonas Coniff, original proprietor, being lot no. 12, in the 12th range oflots in Berlin, in said county; nominal damages of one cent, and his costs. And now within iorty eight hours next after the rendition of said judgement, the said Brown comes here into court, and, according to the statute in such case made…
1Opinion of the Court
Williams J.,
delivered the opinion of the court'. — Mr. Storm having recovered in an action of ejectment against Brown, the latter has filed this declaration for betterments under the statute. The declaration consists of four counts ; the plea professes to answer the whole declaration, and is demurred to. It would have been more advisable to have traversed the declaration, as the statute provides that if judgement is rendered for the defendant on-demurrer, the plaintiff may file a new declaration within twenty-four hours. All the questions which have been made would'have Been raised on the…
2Cases cited1 opinion
- Blight's Lessee v. RochesterSupreme Court of the United States · 1822
3Cited by11 opinions
- Jones v. Great Southern Fireproof Hotel Co.Court of Appeals for the Sixth Circuit · 1898
- Childs v. ShowerSupreme Court of Iowa · 1865
- Hall v. Washington Co.Supreme Court of Iowa · 1850
- Rich v. FlandersSupreme Court of New Hampshire · 1859
- Lemerand v. Flint & Pere Marquette RailroadMichigan Supreme Court · 1898
6 more not listed; retrieve them via the Exa API.