Thorwarth v. Blanchard
Supreme Court of Vermont
Special Assumpsit. Heard on demurrer to the declaration at the March Term, 1912, Washington County, Waterman, J., presiding. Demurrer sustained, and declaration adjudged insufficient. ' The plaintiff excepted.
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Special Assumpsit. Heard on demurrer to the declaration at the March Term, 1912, Washington County, Waterman, J., presiding. Demurrer sustained, and declaration adjudged insufficient. ' The plaintiff excepted. The declaration alleges that at the time of said bargain and sale there was pending in the supreme court of said District a proceeding under the laws of Congress for the condemnation of land and for assessments against land for the extension of Eleventh Street N. W. in said city, and that said court had jurisdiction thereof; that before and at said time said piece of land had been…
1Opinion of the CourtRowell, C. J.
The declaration is demurred to for want of certainty and sufficiency in divers respects specifically stated.
It is objected that there is no sufficient allegation of when and where said first-mentioned assessment was due and payable. But it is only traversable facts that need to be laid with time and place, and matter of inducement is not traversable unless essential to make out the case. Steph. PI. 243. Here the allegation objected to is mere matter of inducement, as said assessment never became due and payable, but was vacated and set aside by the court, and so it is not involved in the…
2Cases cited2 opinions
- Drew v. GoodhueSupreme Court of Vermont · 1902
- Lamphere v. CowenSupreme Court of Vermont · 1869