Perry v. Jaquith
Supreme Court of Vermont
Assumpsit. Heard on demurrer to the special count of the declaration, at the April Term, 1912, Windham County, Fish J.; presiding. Demurrer overruled, to which the defendants excepted; and thereupon it was agreed that, without prejudice to the above exception, the facts should be taken to be as stated in the special count, and on that agreed statement of facts judgment was rendered for the plaintiff to recover $2,000 and costs, to which the defendants excepted.
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Assumpsit. Heard on demurrer to the special count of the declaration, at the April Term, 1912, Windham County, Fish J.; presiding. Demurrer overruled, to which the defendants excepted; and thereupon it was agreed that, without prejudice to the above exception, the facts should be taken to be as stated in the special count, and on that agreed statement of facts judgment was rendered for the plaintiff to recover $2,000 and costs, to which the defendants excepted. The opinion states the ease.
1Opinion of the CourtHaselton, J.
This is an action of assumpsit containing a special count and the general counts. To the special count the defendants demurred, and to the general counts they pleaded the general issue. The demurrer to the special count was overruled and the defendants excepted.
Without prejudice to the exception to the overruling of the demurrer it was considered, by agreement of parties in order that the case might be finally disposed of here and without delay, that the facts are as stated in the special count, and further that the plaintiff undertook, after the injunction mentioned therein and before the…
2Cases cited6 opinions
- Morton v. WebbSupreme Court of Vermont · 1835
- Lapham v. GreenSupreme Court of Vermont · 1837
- Hilliker v. LoopSupreme Court of Vermont · 1833
- Curtis v. BelknapSupreme Court of Vermont · 1849
- L. P. Waite & Co. v. DodgeSupreme Court of Vermont · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- McDermott v. JaquithSupreme Court of Vermont · 1914