Williams v. Willson
Supreme Court of Vermont
The defendants in error brought their action before the County Court upon a bond of indemnity,in the penal surii of four hundred dollars, spreading the whole bond and condition upon the record,- and assigned two breaches, and special pleadings were presented which closed in demurrers •, and the plaintiffs recovered; and the defendants brought this writ, of error to reverse that judgment. In millo cst en-atum,pleaded.
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The defendants in error brought their action before the County Court upon a bond of indemnity,in the penal surii of four hundred dollars, spreading the whole bond and condition upon the record,- and assigned two breaches, and special pleadings were presented which closed in demurrers •, and the plaintiffs recovered; and the defendants brought this writ, of error to reverse that judgment. In millo cst en-atum,pleaded. Upon inspection of the record upon which errors are assigned, it appears, that, upon demurrer to. the second assignment of the breaches in the plaintiffs’ declaration, the sam.e…
1Opinion of the Court
Hutchinson J.
delivered fhe opinion of the coprt. In disposr ing of the several questions raised in argument, we. may notice that the defendants’ plea is not a direct denial of the assignment of the. breach in the declaration, as th.e counsel seemed to suppose in, argument, but is a general plea of non damnifcatus, framed *271according to the forms in the books, and calling upon the plaintiffs for a new assignment in their replication. It certainly would have; been better for the defendants to have traversed directly, and' avoided the prolixity in the pleadings which now appears, yet we find no…
2Cited by7 opinions
- City of Montpelier v. National Surety Co.Supreme Court of Vermont · 1923
- Wyman v. RobinsonSupreme Judicial Court of Maine · 1882
- United States ex rel. Stanstead Granite Quarries Co. v. United States Fidelity & Guaranty Co.Supreme Court of Vermont · 1906
- Marvin v. BellSupreme Court of Vermont · 1869
- Randle v. BarnardU.S. Circuit Court for the District of Eastern Missouri · 1900
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