Richardson v. Fletcher
Supreme Court of Vermont
Action on the case, under V. S. 2359, to- recover the -penalty therein provided. Heard on a replication traversing defendant’s plea in abatement, and tendering an issue to be tried by the record, at the June Term, 1903, Windsor County, Tyler, J., presiding. Judgment that the writ abate. The plaintiff excepted. The opinion states the case.
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Action on the case, under V. S. 2359, to- recover the -penalty therein provided. Heard on a replication traversing defendant’s plea in abatement, and tendering an issue to be tried by the record, at the June Term, 1903, Windsor County, Tyler, J., presiding. Judgment that the writ abate. The plaintiff excepted. The opinion states the case. The pleadings considered in this case, commence with new declarations, filed after this case and Pletcher v. Pletcher had been, once to- the Supreme 'Court. See 74 Vt. 417, and 430. The two suits are not for the same cause of action. V. S. 2359 gives a…
1Opinion of the CourtWatson, J.
The defendant pleaded in abatement that at the time of the purchase of the writ in this case, another writ was simultaneously purchased in favor of one William W. Fletcher against this defendant returnable to the same •Court; that the two writs were simultaneously exhibited to the clerk of the Court; that the suit in favor of said William W. is still depending and undetermined in said Court; and that the causes of action severally declared for in said two writs ar*e one and the same. The plaintiff replied by traversing the allegation in the plea that the causes of action thus severally…
2Cases cited2 opinions
- Gates v. GorehamSupreme Court of Vermont · 1833
- Richardson v. FletcherSupreme Court of Vermont · 1902