Legal Opinion

Lee v. Follensby

Supreme Court of Vermont

Decided November 12, 1909PublishedCited by 7 opinions

Trespass quare clausum. Pleas, the general issue, without notice, and special pleas justifying under a deed and license from plaintiff’s co-tenant. Heard on defendants’ demurrer to plaintiff’s five additional counts, and on plaintiff’s demurrers to defendants’ second, third, eighth, and ninth pleas, at the December Term, 1909, Caledonia County, Hall, J., presiding. Defendants’ demurrer overruled, and plaintiff’s demurrers severally sustained. Bach party excepted.

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Trespass quare clausum. Pleas, the general issue, without notice, and special pleas justifying under a deed and license from plaintiff’s co-tenant. Heard on defendants’ demurrer to plaintiff’s five additional counts, and on plaintiff’s demurrers to defendants’ second, third, eighth, and ninth pleas, at the December Term, 1909, Caledonia County, Hall, J., presiding. Defendants’ demurrer overruled, and plaintiff’s demurrers severally sustained. Bach party excepted. The opinion states the case. This ease has been once before in Supreme Court, see 80 Yt. 182. The court properly sustained…

1Opinion of the CourtHaselton, J.

This case was once before here on questions of pleading. 80 Vt. 182, 67 Atl. 197. After it was remanded the plaintiff filed five counts in addition to the two original counts of his declaration. To these additional counts the defendants demurred. The defendants filed an amended second plea to the first original count. The defendants also filed pleas eight and nine to the first and second counts respectively. To the defendants’ second, third, eighth and ninth pleas the plaintiff demurred. - The defendants’ demurrer to the five additional counts was overruled. The plaintiff’s demurrers to the…

2Cases cited7 opinions

  1. Hooker v. SmithSupreme Court of Vermont · 1847
  2. McElroy v. McLeaySupreme Court of Vermont · 1899
  3. Smith v. BensonSupreme Court of Vermont · 1837
  4. Randall v. PrestonSupreme Court of Vermont · 1879
  5. Broughton v. HoweSupreme Court of Vermont · 1834

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Mauzy v. NelsonWest Virginia Supreme Court · 1963
  2. Oakes v. BuckmanSupreme Court of Vermont · 1913
  3. New York Central Railroad v. ClarkSupreme Court of Vermont · 1918
  4. Spaulding v. Mutual Life InsuranceSupreme Court of Vermont · 1920
  5. Elmore v. ElmoreSupreme Court of Florida · 1957

2 more not listed; retrieve them via the Exa API.

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