Fullam v. Stearns
Supreme Court of Vermont
Trespass for breaking and entering the grist mill and shop of the plaintiffs in Reading, and taking therefrom certain machinery and other property, and for remaining there a long time, injuring the building and the personal property therein, and hindering the plaintiffs in their business, etc. Plea, the general issue, and a notice of special matter in defence, setting forth a justification under process as hereinafter mentioned.
Read the full summary
Trespass for breaking and entering the grist mill and shop of the plaintiffs in Reading, and taking therefrom certain machinery and other property, and for remaining there a long time, injuring the building and the personal property therein, and hindering the plaintiffs in their business, etc. Plea, the general issue, and a notice of special matter in defence, setting forth a justification under process as hereinafter mentioned. Trial by jury, at the December Term, 1856, — Underwood, J., presiding. The plaintiffs claimed title to the mill and shop by virtue of a mortgage thereof from Powers…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
As in this case, the defendants, after pleading the general issue, have given notice that they shall justify the *452entry under process of law, the whole merits of the question are opened by this form of pleading on both sides; and a new assignment is not necessary to enable the plaintiffs to recover on the matter alleged in the declaration by way of aggravation, as for a distinct and substantive cause of action; Alsop v. Price, Douglas 160; Hubbell v. Wheeler, 2 Aikens 359.
The plaintiffs are then entitled to have the whole merits of their case…
2Cases cited3 opinions
- Whittemore v. CutterU.S. Circuit Court for the District of Massachusetts · 1813
- Kidder v. BarkerSupreme Court of Vermont · 1846
- Lyon v. RoodSupreme Court of Vermont · 1840
3Cited by25 opinions
- Vermont Electric Supply Company, Inc. v. AndrusSupreme Court of Vermont · 1974
- Cole v. DrewSupreme Court of Vermont · 1871
- Latham B. Hewlett v. Barge Bertie, in Rem, Tug Evelyn, Her Engines, Etc., in Rem, and C. G. Willis Co., Inc., in PersonamCourt of Appeals for the Fourth Circuit · 1969
- Sweetzer v. JonesSupreme Court of Vermont · 1862
- Schlichtman v. NJ Highway Auth.New Jersey Superior Court Appellate Division · 1990
20 more not listed; retrieve them via the Exa API.