Luce v. Minard
Supreme Court of Vermont
Petition for a writ of prohibition, brought to the Supreme Court for Washington County at its November Term, 1912, and then heard on the petition and defendant’s answer thereto.
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Petition for a writ of prohibition, brought to the Supreme Court for Washington County at its November Term, 1912, and then heard on the petition and defendant’s answer thereto. The several installments stipulated by this lease constitute an entire cause of action, to the extent that a judgment in an action on one of the installments is a bar to any defence that the petitioner might set up denying the validity of the lease, for any purpose, and were he to submit to such judgment he could no longer dispute or contest the remaining installments or any of them. The lessee could not recoup any…
1Opinion of the CourtPowers, J.
The petitioner rented of one of the defendants certain premises in Waterbury. The lease was for a term of years and was in writing. It provided for an annual rent payable in monthly installments of about fifty dollars. When one of these installments fell due, the lessor brought an action of assumpsit therefor, returnable before a justice of the peace. The petitioner appeared and when the lease was produced and made the basis of recovery, he moved to dismiss the action for want of jurisdiction. This motion was overruled, a judgment rendered for the plaintiff therein, and the petitioner…
2Cases cited22 opinions
- Lorillard v. . ClydeNew York Court of Appeals · 1890
- Marshall v. John Grosse Clothing Co.Illinois Supreme Court · 1900
- Clark v. JonesCourt for the Trial of Impeachments and Correction of Errors · 1845
- Williams v. Houston Cornice WorksCourt of Appeals of Texas · 1907
- Barnes Bros. v. Coal Co.Tennessee Supreme Court · 1898
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3Cited by2 opinions
- Kouri v. TomaSupreme Court of Oklahoma · 1947
- Berner v. ManningConnecticut Superior Court · 1939