Way v. Wakefield
Supreme Court of Vermont
This was an action of assumpsit, to which the defendant plead the general issue with notice, with plea in offset, and issue to the court. The plaintiff, to support bis declaration, claimed for the sale of a double harness, sold and delivered by him the plaintiff to the defendant, on or about the 6th October, 1831, and evidence was introduced by plaintiff, tending to show that he, the plaintiff, sold such harness to the defendant on or about that time.
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This was an action of assumpsit, to which the defendant plead the general issue with notice, with plea in offset, and issue to the court. The plaintiff, to support bis declaration, claimed for the sale of a double harness, sold and delivered by him the plaintiff to the defendant, on or about the 6th October, 1831, and evidence was introduced by plaintiff, tending to show that he, the plaintiff, sold such harness to the defendant on or about that time. On the part of the defendant, it was claimed that the said harness was paid for at that time, or soon after, by an order drawn by defendant in…
1Opinion of the Court
The opinion'of the court was delivered by
Collamer, J.
Much is said by the defendant’s counsel in relation to a plea in' abatement, which he says was put in at the county court, and being out of time by the rules of that court, was disregarded ; the ground of which plea in abatement was a variance between the writ before the justice, and the declaration which was filed in the county court, to which the cause went by appeal. This part of the case does not appear by the exceptions, nor properly could it, as the construction and execution of the rules of practice must be exclusively within the…
2Cases cited1 opinion
- Barber v. RipleySupreme Court of Vermont · 1826
3Cited by12 opinions
- Felton v. DickinsonMassachusetts Supreme Judicial Court · 1813
- Chaffee v. Rutland RailroadSupreme Court of Vermont · 1882
- Redfield v. HaightSupreme Court of Connecticut · 1858
- Givhan v. Dailey's Admr'xSupreme Court of Alabama · 1842
- Perry v. SmithSupreme Court of Vermont · 1850
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