Stanley v. Turner
Supreme Court of Vermont
Assumpsit for rent. Plea, the general issue and payment. Heard upon the report of a referee at the September term, 1895, Franklin county, Munson, J., presiding. Judgment for the plaintiff. Both parties except. The defendant has filed no plea in offset; therefore his account cannot be so applied. Fulton v. Wiley, 32 Vt. 762. The items for team work were no more a paymént than the other items of the account. The price was left for future adjustment.
Read the full summary
Assumpsit for rent. Plea, the general issue and payment. Heard upon the report of a referee at the September term, 1895, Franklin county, Munson, J., presiding. Judgment for the plaintiff. Both parties except. The defendant has filed no plea in offset; therefore his account cannot be so applied. Fulton v. Wiley, 32 Vt. 762. The items for team work were no more a paymént than the other items of the account. The price was left for future adjustment. Strong v. McConnell, io Vt. 231; Cushman v. Hall, 28 Vt. 656 : Jewett v. Wins hip, 42 Vt. 206. It was mutually agreed that the defendant’s account…
1Opinion of the CourtRoss, C. J.
I. The plaintiff’s contention that he can recover rent falling due after the commencement of the suit cannot be sustained. Waterman v. Buck, 58 Vt. 529. He excepted to the judgment of the county court, because it limited his right of recovery of rent to the date of the writ. By this holding the date of the writ is treated as the commencement of the suit. The writ is dated July 6, 1891, but was not served until August 1, 1891. The service of the writ is the commencement of the suit for the recovery of damages and for most purposes, except for interrupting the running of the statute of…
2Cases cited11 opinions
- Lapham v. KellySupreme Court of Vermont · 1862
- Day v. LambSupreme Court of Vermont · 1835
- Hall & Chase v. J. & J. H. Peck, & Co.Supreme Court of Vermont · 1838
- McDaniels v. ReedSupreme Court of Vermont · 1845
- Strong v. McConnellSupreme Court of Vermont · 1838
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Tracy v. Grand Trunk Railway Co.Supreme Court of Vermont · 1904
- Morton v. WoodsSupreme Court of Iowa · 1912
- City of Burlington v. Burlington Traction Co.Supreme Court of Vermont · 1898
- Howard v. BartlettSupreme Court of Vermont · 1898
- Tatro v. LehouillerSupreme Court of Vermont · 1986
3 more not listed; retrieve them via the Exa API.