Joy v. Walker
Supreme Court of Vermont
Account. The declaration charged the defendant as bailiff of a certain farm of the plaintiff, and of nineteen cows, and nine and a half tons of hay upon the same.
Read the full summary
Account. The declaration charged the defendant as bailiff of a certain farm of the plaintiff, and of nineteen cows, and nine and a half tons of hay upon the same. At the term when the suit was entered, the defendant filed a declaration on hook, in offset, upon which a judgment was rendered at a subsequent term, for a balance of $ 72.46, reported in his, (the defendant’s) favor; and at the same term a judgment to account, was rendered hi the original action; and at a still subsequent term, a report was made in favor of the plaintiff, to which the defendant filed exceptions, during the pendency…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, Ch. J.
We think it very obvious, in the present case, that if the amendment was allowed properly, it did entitle the other party to plead anew to the amended count. And the conse*444quence will be that the report should be set aside, and the trial begin anew from the point of the amendment. For the amendment was certainly material; and did introduce a new and distinct claim, not before described in the declaration, or was evidently intended to do so. It was a claim which the defendant had had no opportunity to answer, and upon which no judgment to…
2Cases cited1 opinion
- Lyon v. AdamsSupreme Court of Vermont · 1852