Willey v. Carpenter
Supreme Court of Vermont
Trespass for assault and battery. Heard on demurrer to the defendant’s second and third pleas at tbe December term, 1890, Ross, Olí. J., presiding. Demurrer sustained. Exceptions by tbe defendant, and cause passed to tbe Supreme Court before final judgment.
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Trespass for assault and battery. Heard on demurrer to the defendant’s second and third pleas at tbe December term, 1890, Ross, Olí. J., presiding. Demurrer sustained. Exceptions by tbe defendant, and cause passed to tbe Supreme Court before final judgment. Tbe defendant in bis second plea alleged in substance that at various times and places tbe plaintiff bad. used concerning himself and wife abusive and insulting language with intent to induce an assault, and that.finally, goaded to frenzy, he struck tbe plaintiff a single blow, which was tbe battery complained of. Tbe third plea was like…
1Opinion of the Court
The opinion of the court was delivered by
THOMPSON, J.
I. This is an action of trespass for an •assault and battery. To the defendant’s second plea, the plaintiff demurred specially. The first cause of demurrer assigned is that the plea is argumentative, and the second cause is that it “ is double and bad for duplicity.” It has been expressly held that each of these cáuses of demurrer can only be reached by special demurrer, and that the pleader to avail-himself of them, “ must point out specifically in his demurrer wherein the duplicity or •argumentativeness exists.” Onion v. Clark, 18 Vt.…
2Cases cited10 opinions
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