Matthews v. Tower
Supreme Court of Vermont
Book Account. The defendant filed special pleas, — to which the plaintiff demurred. The first plea stated that the defendant bought of the plaintiff eight sheep, and a dispute arose between them as to how much the defendant should pay therefor, and the defendant tendered to the plaintiff the sum of fifty dollars, and afterwards the plaintiff brought a suit against the defendant, before a justice of the peace, and the case was tried by jury.
Read the full summary
Book Account. The defendant filed special pleas, — to which the plaintiff demurred. The first plea stated that the defendant bought of the plaintiff eight sheep, and a dispute arose between them as to how much the defendant should pay therefor, and the defendant tendered to the plaintiff the sum of fifty dollars, and afterwards the plaintiff brought a suit against the defendant, before a justice of the peace, and the case was tried by jury. The only matter that was then subsisting between the plaintiff and defendant was concerning the said sheep. The plaintiff's claim before the jury was as…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
It is agreed by counsel that no question is to be presented or considered except such as arise upon the demurrer to the first two pleas. These pleas are filed and insisted on in argument in bar of judgment to account and reference to auditors. If the defendant has no right to plead the matters set forth in the pleas for this *437purpose, and in this stage of the case, it is not material to the decision of the demurrer, whether the facts set forth do or do not constitute a good defence when found by the auditors. Therefore whether these pleas…
2Cases cited2 opinions
- Porter v. SmithSupreme Court of Vermont · 1848
- Delaware v. StauntonSupreme Court of Vermont · 1836
3Cited by4 opinions
- Hall v. ArmstrongSupreme Court of Vermont · 1893
- In Re RipleySupreme Court of Vermont · 1937
- New York Central Railroad v. ClarkSupreme Court of Vermont · 1918
- Bureau v. Hooker, Corser & Mitchell Co.Supreme Court of Vermont · 1911