Wires v. Farr
Supreme Court of Vermont
Assumpsit. The declaration contained two special counts on notes, and the money counts. The defendant pleaded the general issue, and special pleas of the statute of limitations. The plaintiffs replied, joining issue on the first plea, and specially as to the other pleas. The defendant demurred to the replication† in part, and rejoined as to the residue specially.
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Assumpsit. The declaration contained two special counts on notes, and the money counts. The defendant pleaded the general issue, and special pleas of the statute of limitations. The plaintiffs replied, joining issue on the first plea, and specially as to the other pleas. The defendant demurred to the replication† in part, and rejoined as to the residue specially. The plaintiffs joined in the defendant’s demurrer, and demurred to the rejoinder, in which last mentioned demurrer defendant joined. The county court, September term, 1851, — Poland, J. presiding, — adjudged the rejoinder and…
1Opinion of the Court
*46The opinion of the court' was delivered by
Bennett, J.
"We think, the replication to the pleas of the statute of limitations, cannot be sustained. The replication closes, by tendering an issue, that the present suit was commenced within six years next after making the promises, and next after the cause of action had accrued, saving the time defendant was out of the State, as aforesaid. If we give effect to the words, as aforesaid, as being equivalent, when taken in reference to the averments in the replication, that the defendant had no known property in this State, which could be attached by…
2Cases cited1 opinion
- Lowry v. KeyesSupreme Court of Vermont · 1842
3Cited by8 opinions
- Board of Education v. BlodgettIllinois Supreme Court · 1895
- Eingartner v. Illinois Steel Co.Wisconsin Supreme Court · 1899
- Attorney General v. Revere Copper Co.Massachusetts Supreme Judicial Court · 1890
- Thompson v. ReadSupreme Court of Iowa · 1875
- Richardson v. CookSupreme Court of Vermont · 1865
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