Black v. Howard
Supreme Court of Vermont
Trespass qua. clau., with a count in case. Special plea to the whole declaration, and demurrer thereto. The court, Redfield J., presiding, sustained the demurrer, and adjudged the plea insufficient ; to which the defendant excepted.
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Trespass qua. clau., with a count in case. Special plea to the whole declaration, and demurrer thereto. The court, Redfield J., presiding, sustained the demurrer, and adjudged the plea insufficient ; to which the defendant excepted. The first count alleged that the defendant, on The third count alleged that on, &c., and from that day to the day of the date of the writ, the plaintiffs were owners, and in possession and occupation, of certain land and premises commonly called the home farm of the plaintiffs, and the defendant was in possession and occupation, during the same period, of certain…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
The plea is to the whole declaration, and professes to answer the whole. Though in itself defective, if the declaration as a whole is defective, so as to be the subject of general demurrer, then the demurrer to the plea would be fatal to the declaration. ■ It is conceded that the first and second counts of the declaration are good in law ; but it is claimed that the third count is not good for substance. Assuming it to be as claimed, the mere defectiveness of that count would not cause the joinder of it with the other counts to render the…
2Cited by3 opinions
- Lee v. FollensbySupreme Court of Vermont · 1909
- Slayton v. DavisSupreme Court of Vermont · 1911
- Templeton v. ClogstonSupreme Court of Vermont · 1887