Chase v. Watson
Supreme Court of Vermont
Trespass eor Assault. Plea, the general issue, with no tice of special matter. Trial by jury at the March Term, 1901, Washington County, Watson, J., presiding. Verdict, guilty against defendants Watson and Bills, and not guilty as to defendant Cate. Judgment on verdict. Motion for certificate overruled. The plaintiff excepted. It was error to allow the defendants to amend their pleading by bringing on ff> the record two entirely new defenses.
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Trespass eor Assault. Plea, the general issue, with no tice of special matter. Trial by jury at the March Term, 1901, Washington County, Watson, J., presiding. Verdict, guilty against defendants Watson and Bills, and not guilty as to defendant Cate. Judgment on verdict. Motion for certificate overruled. The plaintiff excepted. It was error to allow the defendants to amend their pleading by bringing on ff> the record two entirely new defenses. The whole scope of the defense was changed. It was the duty .of the Court to grant the plaintiff’s motion for continuance. 4 Enc. PI. & Pr. 863, 902;…
1Opinion of the CourtStart, J.
It was within the discretion of the Court below to allow an amendment of the defendants’ notice of special matters in defense, and, it not appearing that there was an abuse of that discretion, error does not appear. V. S. 1148; Bent v. Bent, 43 Vt. 42. For a like reason, error does not appear in the denial of the plaintiff’s motion- for a continuance of the cause.
The citation to appear at the taking of the depositions of Mr. and Mrs. Boardman did not contain the name of the magistrate before whom they were to be taken, as is required by V. S. 1264; and for this reason, the depositions were…
2Cases cited2 opinions
- Bent v. BentSupreme Court of Vermont · 1870
- Styles v. ShanksSupreme Court of Vermont · 1874
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- Connie Robison v. Susan R. Via and Harold HarrisonCourt of Appeals for the Second Circuit · 1987