Barrows v. McGowan
Supreme Court of Vermont
* This case was heard at the April Term, 1866, Steele, J., presiding, upon demurrer to a motion or plea of abatement. The court sustained the demurrer and overruled the motion or plea, and rendered judgment in chief for the plaintiff. Exceptions by the defendant.
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* This case was heard at the April Term, 1866, Steele, J., presiding, upon demurrer to a motion or plea of abatement. The court sustained the demurrer and overruled the motion or plea, and rendered judgment in chief for the plaintiff. Exceptions by the defendant. In the motion to abate it was averred that the plaintiff, at the time of the commencement of this suit, resided and has ever since resided and still resides at Buffalo, in the state of New York, and that the defendant resided at the time of the commencement of this suit, and has ever since resided, and still does reside, at…
1Opinion of the Court
The opinion of the court was delivered by
BaRrett, Jv.
The question is raised by a demurrer to a motion to-ábate the writ. The motion sets forth for cause, that, at the time the suit was brought, the plaintiff resided in Buffalo, in the state of New York, and the defendant in Cambridge, in Lamoille county, in this state. The statute provides in such case that the writ shall, on-motion, abate. It is claimed under the demurrer, that, as the facts which constitute the cause of abatement do not appear on the face of the record, but are brought forward by averment, to be proved by evidence aliunde…
2Cases cited1 opinion
- Wallace v. FarnsworthSupreme Court of Vermont · 1803
3Cited by8 opinions
- Ada-Konawa Bridge Co. v. CargoSupreme Court of Oklahoma · 1932
- Bankers' Surety Co. v. Town of HollyCourt of Appeals for the Eighth Circuit · 1915
- State v. WardSupreme Court of Vermont · 1887
- Gilley v. JarvisSupreme Court of Vermont · 1920
- Cunningham v. CaldbeckSupreme Court of Vermont · 1890
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