Roberts v. Danforth
Supreme Court of Vermont
Case. Plea, the general issue and a special plea. Heard on demurrer to the special plea at the June Term, 1916, Bennington County, Fish, J., presiding. Demurrer overruled, pro forma, and plea held sufficient. Plaintiff excepted. The opinion states the case. It was not necessary to aver or prove the termination of the first suit. Grainger v. Hill, 4 Bing.
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Case. Plea, the general issue and a special plea. Heard on demurrer to the special plea at the June Term, 1916, Bennington County, Fish, J., presiding. Demurrer overruled, pro forma, and plea held sufficient. Plaintiff excepted. The opinion states the case. It was not necessary to aver or prove the termination of the first suit. Grainger v. Hill, 4 Bing. N. Cases, 212, 7 L. J. C. P. 85; 5 Scott 561, 33 E. C. L. 675; 26 Cyc., p. 57, n. 17, p. 77, n. 59, p. 13, n. 71; Bump v. Beets, 19 Wend. 421; Fortman v. Bollier, 8 Ohio State 548, 72 Am. Dec. 606; Sneeder v. Harris, 109 N. C. 349,14 L. B. A.…
1Opinion of the CourtHaselton, J.
This is an action of tort in one count. The defendant filed the general issue and a special plea. To the special plea the plaintiff demurred. His demurrer was overruled, pro forma, the plaintiff excepted, and the cause was passed to this Court before final judgment.
The declaration sets out that the plaintiff, while in the employ of one Wise, was engaged in cutting timber on a certain piece of land owned by Wise; that, however, the defendant claimed ownership of the .land, which so was in dispute; that the defendant, well knowing that, if his claims were good, the damage to him from the…
2Cases cited2 opinions
- Alfred v. AlfredSupreme Court of Vermont · 1914
- State v. WebsterSupreme Court of Vermont · 1907
3Cited by4 opinions
- Levinsky v. DiamondSupreme Court of Vermont · 1982
- Anello v. VinciSupreme Court of Vermont · 1983
- Coburn v. Village of SwantonSupreme Court of Vermont · 1921
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