Legal Opinion

State v. Hover

Supreme Court of Vermont

Decided February 15, 1886PublishedCited by 1 opinion

Information filed by the state’s attorney in the municipal court for the village of Bennington, July, 1885. The respondent filed a demurrer, which was overruled.

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Information filed by the state’s attorney in the municipal court for the village of Bennington, July, 1885. The respondent filed a demurrer, which was overruled. It was alleged in the information that the respondent “ did solicit or receive a risk or application for insurance, as agent for the American Mutual Life and Accident Association of South Bend, in the State of Indiana, a corporation or insurance company, established by the laws of the State of Indiana, and not authorized to do business in the State of Vermont, and did then and there receive money or value for such insurance by the…

1Opinion of the Court

The opinion of the court was delivered by

Takt, J.

The information is defective in not alleging the name of the person from whom the respondent solicited or *498received the risk or application for insurance. It is like a complaint charging an assault without naming the person assaulted, or an adultery, without naming the particeps criminis. The respondent should know what act he is called upon to defend; the rules of good pleading require that it should be stated in the information. There is no occasion to pass upon any other question in the case. Exceptions and demurrer sustained. Information…

2Cited by1 opinion

  1. State v. BruceSupreme Court of Vermont · 1896

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