Carter v. Howard
Supreme Court of Vermont
Assumpsit. — The ease was referred, and was tried upon the referee’s report at the January Term, Orange County, 1866, PbcK, J., presiding, when judgment was rendered for the defendant, — to which the plaintiff exeepted. The referee reported that “ to the first eight items of the plaintiff’s account, amounting to $15 75., the defendant insisted upon the statute of limitations.
Read the full summary
Assumpsit. — The ease was referred, and was tried upon the referee’s report at the January Term, Orange County, 1866, PbcK, J., presiding, when judgment was rendered for the defendant, — to which the plaintiff exeepted. The referee reported that “ to the first eight items of the plaintiff’s account, amounting to $15 75., the defendant insisted upon the statute of limitations. The plaintiff objected, and claimed that the defendant could not set up this statute for the want of a plea in writing presenting that defence, no such plea ever having been filed in the case. If however, the defendant…
1Opinion of the Court
The opinion of^the court was delivered by
Barrett, J.
The first eight items would be barred by the statute of limitations, provided the defendant can avail himself of that defence before the referee without having pleaded it in bar as would be necessary if the case had been for trial in court. *The raising and insisting upon the point made by the plaintiff in this respect, is but an additional illustration of what has long been settled, if nothing else in the law has been, namely: that nothing is to be regarded by the bar as settled, so long as suits arise in which points of law are involved.…
2Cases cited5 opinions
- Black v. BryanTexas Supreme Court · 1857
- Eddy v. SpragueSupreme Court of Vermont · 1838
- Cook v. CarpenterSupreme Court of Vermont · 1861
- Wood v. WillardSupreme Court of Vermont · 1863
- Fulton v. WileySupreme Court of Vermont · 1860
3Cited by7 opinions
- Tuttle v. HoagSupreme Court of Missouri · 1870
- Gordon's Admr. v. HotchkissSupreme Court of Vermont · 1909
- Jenkins v. FlinnIndiana Supreme Court · 1871
- Wilder v. BrokawAppellate Division of the Supreme Court of the State of New York · 1910
- Bugbee v. BloodSupreme Court of Vermont · 1875
2 more not listed; retrieve them via the Exa API.