Campbell v. Hyde
Supreme Court of Vermont
THIS was an action of debt on a bond with the following condition : — “ Whereas the said Hyde has sold and conveyed to the said Campbell, the Right of D, Hoyt, in the two Heroes,, if the said Hyde, shall within five months from date, put and establish the said Campbell, in possession of said Right, the said hond to be void, &c.”
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THIS was an action of debt on a bond with the following condition : — “ Whereas the said Hyde has sold and conveyed to the said Campbell, the Right of D, Hoyt, in the two Heroes,, if the said Hyde, shall within five months from date, put and establish the said Campbell, in possession of said Right, the said hond to be void, &c.” The defendant pleaded in bar, that after making the said writing obligatory, to wit, on-, it was agreed, by and between the said Campbell and the said Hyde, that A. Gordon, collector of a certain proprietors’ tax, having sold said Right to said Hyde, at pub-lick…
1Opinion of the Court
By the Court,
The issue in this case is taken on the facts stated *68in the defendant’s plea in bar. In replying to a plea in bar, the plaintiff may traverse the facts, on which the defendant relies, or, he may confess the facts, and avoid them by new matter. We have no doubt, that if the plaintiff had replied the matter now stated, it would, in point of law, have been a good avoidance of the matter alleged in bar. In many cases, greater latitude is allowed, on the general issue ; but when parties go into special pleadings, the rule is universal, that they shall be confined strictly to the facts…
2Cited by4 opinions
- Bradley v. Kelley & TrusteeSupreme Court of Vermont · 1933
- Columbian Granite Co. v. W. C. Townsend & Co.Supreme Court of Vermont · 1902
- State v. VadneySupreme Court of Vermont · 1936
- Francis v. BakerSupreme Court of Rhode Island · 1877