Belknap v. Billings
Supreme Court of Vermont
Trespass Bor Assault. The pleadings are stated in the opinion. Heard on special demurrer to the replication to the fourth plea, at the June Term’, 1902, Windsor County, Haselton, J., presiding. Demurrer overruled and replication adjudged sufficient. The defendant excepted.
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Trespass Bor Assault. The pleadings are stated in the opinion. Heard on special demurrer to the replication to the fourth plea, at the June Term’, 1902, Windsor County, Haselton, J., presiding. Demurrer overruled and replication adjudged sufficient. The defendant excepted. The replication is double since it denies that the note Was received in satisfaction, and then sets up new matter— that the note was accepted in satisfaction only on a condition which had not been fulfilled. Durkee v. Goodnough, 65 Vt. 257; Downer v. Powell, 26 Vt. 397; Ch. PI. (13th Am. Nd.) 649, 594, 611; Russell v.…
1Opinion of the CourtTyler, J.
This action is trespass for an assault and battery; pleas, first, the general issue; second, that the plaintiff was in the defendant’s dwelling-house making disturbance, and that the defendant, after requesting him to cease making disturbance and depart, which the plaintiff refused to do, gently removed him from said dwelling-house in defense of his possession thereof; third, that in attempting to remove the plaintiff for the cause aforesaid the plaintiff assaulted him'; that he defended himself, and that whatever injury he did to the plaintiff he did in necessary self-defense; fourth, that…
2Cases cited1 opinion
- Day v. Essex County BankSupreme Court of Vermont · 1841
3Cited by2 opinions
- In re Burrill Lane's EstateSupreme Court of Vermont · 1906
- Belknap v. BillingsSupreme Court of Vermont · 1905