Battell v. Matot
Supreme Court of Vermont
Bill in Chancery. The cause and cross-cause were heard on a master’s report, December Term, 1884, Addison County, Veazey, Chancellor. Decree pro forma, and without hearing, that the orator is entitled to a decree according to the prayer of his bill; and that the cross-bill of said Matot be dismissed.
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Bill in Chancery. The cause and cross-cause were heard on a master’s report, December Term, 1884, Addison County, Veazey, Chancellor. Decree pro forma, and without hearing, that the orator is entitled to a decree according to the prayer of his bill; and that the cross-bill of said Matot be dismissed. The bill was sworn to July 21, 1882; and avers, that on June 7, 1882, one Treadway was the owner of 138£ acres of land situated in Middlebury, and conveyed the same to the orator; that upon a considerable portion of said land is a growth of trees suitable for wood, etc.; that “said land adjoins…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
The objection of a former suit pending must be taken by plea and not by answer. This would seem to follow from the practice, which is, not to reply to such a plea, nor to set it down for argument, but to refer it on motion at once and of course to a master, to ascertain and report whether or not both suits are for the same matter; and if they are found to be, the plea is allowed, and if they are found not to be, it is overruled. Story’s Eq. Pl. s. 743. But the plaintiff may except to the master’s report, and bring the matter on to be argued…
2Cases cited3 opinions
- Ontario Bank v. RootNew York Court of Chancery · 1831
- Patterson v. WareSupreme Court of Alabama · 1846
- Hertell v.Van BurenNew York Court of Chancery · 1834
3Cited by15 opinions
- Feeney v. HowardCalifornia Supreme Court · 1889
- Dickeschied v. Exchange BankWest Virginia Supreme Court · 1886
- Van Dyke v. ColeSupreme Court of Vermont · 1908
- Sartwell v. SowlesSupreme Court of Vermont · 1900
- Wilkins v. SomervilleSupreme Court of Vermont · 1907
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