Town of Woodstock v. Town of Hancock
Supreme Court of Vermont
This was an action in assumpsit and was heard at the December Term, 1889, Tart, J., presiding, upon the defendant’s demurrer to the declaration. The declaration was adjudged sufficient. The defendant excepted, and the exceptions were certified to the Supreme Court before final judgment.
Read the full summary
This was an action in assumpsit and was heard at the December Term, 1889, Tart, J., presiding, upon the defendant’s demurrer to the declaration. The declaration was adjudged sufficient. The defendant excepted, and the exceptions were certified to the Supreme Court before final judgment. The declaration contained a general count for money expended and also this special count ; “ Whereas, to wit, on the 26th day of May, A. D. 1888, at said Woodstock, one John A. Edwards, who was then and there a transient person in said Woodstock, was committed to and confined in the Windsor county jail,…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
As the first count does not allege a promise, it is claimed to be in case, and therefore improperly joined with the second count, which is in assumpsit. The action is founded on R. L. 2818 as amended by St. of 1886, No. 42, s. 4, which creates the right and prescribes the remedy, namely, “an action for money laid out and expended,” which means assumpsit. Hence that remedy is exclusive. Hill v. National Bank of Barre, 56 Vt. 582 ; Wheeler v. Wilson, 57 Vt. 157; Farmers and Mechanics National Bank v. Dearing, 91 U. S. 29, 35; Stafford v.…
2Cases cited5 opinions
- Farmers' & Mechanics' National Bank v. DearingSupreme Court of the United States · 1875
- Pennie v. ReisSupreme Court of the United States · 1889
- Hill v. National BankSupreme Court of Vermont · 1884
- Wheeler v. WilsonSupreme Court of Vermont · 1884
- Doyan v. School District No. 3Supreme Court of Vermont · 1863
3Cited by4 opinions
- Ingram's Admrx. v. Rutland RailroadSupreme Court of Vermont · 1913
- Collins v. Estate of CollinsSupreme Court of Vermont · 1932
- Price v. HoldenSupreme Court of Vermont · 1932
- McCarthy's Admr. v. Village of NorthfieldSupreme Court of Vermont · 1913