Bailey's Admx. v. Gleason
Supreme Court of Vermont
Special Assumpsit against the defendant as surviving partner of Ambro Hildreth, deceased, upon a promissory note signed with the firm name of H. C. Gleason & Co. Heard on general demurrer to the defendant’s second plea, at the March Term, 1902, Washington County, Start, J., presiding. 'Demurrer sustained pro forma, and plea adjudged insufficient. The defendant excepted.
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Special Assumpsit against the defendant as surviving partner of Ambro Hildreth, deceased, upon a promissory note signed with the firm name of H. C. Gleason & Co. Heard on general demurrer to the defendant’s second plea, at the March Term, 1902, Washington County, Start, J., presiding. 'Demurrer sustained pro forma, and plea adjudged insufficient. The defendant excepted. The plea demurred to is as follows: “And for a further plea in this behalf, etc., the defendant says that the plaintiff ought not to have or maintain, etc., because the defendant says, that after the said several, supposed…
1Opinion of the CourtMunson, J.
In pleading the judgment of a superior court of general jurisdiction it is not necessary to allege the facts that gave the court jurisdiction of the subject matter or the parties. The judgments of a district court of the United States in bankruptcy proceedings are held by our court to be within this rule. Downer v. Chamberlin, 21 Vt. 414.
The declaration counts upon a promissory note and money loaned. Such claims are prima facie provable. It is not necessary that the defendant allege this fact when1 it thus appears from the declaration, whatever the rule may be in other cases. “The plea need…
2Cases cited1 opinion
- Downer v. ChamberlinSupreme Court of Vermont · 1849
3Cited by10 opinions
- Smith v. HillMassachusetts Supreme Judicial Court · 1919
- Graber v. GaultAppellate Division of the Supreme Court of the State of New York · 1905
- Smith v. LadrieSupreme Court of Vermont · 1925
- In re GroutSupreme Court of Vermont · 1914
- Hallagan v. DowellSupreme Court of Iowa · 1917
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