Dunklee v. Goodenough
Supreme Court of Vermont
General assumpsit. Heard upon geñeral demurrer to the defendant’s rejoinder at the September term, 1892, Munson, J., presiding. Judgment overruling the demurrer, and that the rejoinder is sufficient. The plaintiff excepts. To the plaintiff’s declaration, which was in the common form, the defendant plead a former recovery.
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General assumpsit. Heard upon geñeral demurrer to the defendant’s rejoinder at the September term, 1892, Munson, J., presiding. Judgment overruling the demurrer, and that the rejoinder is sufficient. The plaintiff excepts. To the plaintiff’s declaration, which was in the common form, the defendant plead a former recovery. The questions considered arise upon the subsequent replication and rejoinder, which were as follows: “And the said plaintiff, as to the said plea of the said defendant by him above pleaded, saith that the said plaintiff by reason of anything by the said defendant in that…
1Opinion of the CourtTaft, J.
The questions in this case are raised by general demurrer to the rejoinder. The declaration is sufficient. *261The defendant pleads former recovery. He alleges in his plea, with proper averment of time, place and court, that he was theretofore impleaded before one justice of the peace, Tyler, for not performing the very same identical promises and undertakings, each and every one of them in said declaration mentioned, and that he recovered judgment in said action tfon said several causes of action, and for his legal costs. This is a sufficient allegation that the judgment was upon the merits. The…
2Cases cited6 opinions
- Oystead v. ShedMassachusetts Supreme Judicial Court · 1816
- Probate Court v. VanduzerSupreme Court of Vermont · 1841
- Hill v. DunlapSupreme Court of Vermont · 1843
- Ballou v. BallouSupreme Court of Vermont · 1854
- Cunningham v. CaldbeckSupreme Court of Vermont · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Spaulding v. Mutual Life InsuranceSupreme Court of Vermont · 1920
- Dunlevy v. FentonSupreme Court of Vermont · 1908
- Brown's v. HitchcockSupreme Court of Vermont · 1896