Greathouse v. Heed

<p>Appeal from the district court of the second judicial district, Ada county. The defendant, being indicted for forgery, demurred to the indictment. The district court sustained the demurrer and rendered judgment of dismissal. The plaintiff appealed.</p>

<p>Appeal from the second judicial district, Ada county.</p>

<p>Appeal from tbe district court of Ada county.</p>

<p>Special Assumpsit against the defendant as surviving partner of Ambro Hildreth, deceased, upon a promissory note signed with the firm name of H. C. Gleason & Co. Heard on general demurrer to the defendant’s second plea, at the March Term, 1902, Washington County, Start, J., presiding. 'Demurrer sustained pro forma, and plea adjudged insufficient. The defendant excepted.</p> <p>The plea demurred to is as follows: “And for a further plea in this behalf, etc., the defendant says that the plaintiff ought not to have or maintain, etc., because the defendant says, that after the said several, supposed debts and causes of action in said declaration mentioned' were contracted and accrued, and before the commencement of this suit by the plaintiff in this behalf, to- wit, on the' eighteenth day of October, 1898, the said defendant became and was adjudged a bankrupt, in accordance with an Act of Congress entitled ‘An act to establish a uniform system of bankruptcy throughout the United States/ at, to- wit, Burlington aforesaid, and that the said defendant received his discharge as such bankrupt on, to wit, the first day of May, 1899, from the United States District Court for the district of Vermont, and1 that the debts were contracted, and the said causes of action, — if any there be— in said declaration mentioned, and each of them, did accrue to the said plaintiff before the said defendant soi became a bankrupt as aforesaid, to wit, at Richmond in the county of Chittenden on the eleventh day of June, 1888, and of this the said defendant puts himself on the country.”</p> <p>The plea of bankruptcy is sufficient, at least against a general demurrer. 3 Chitty Pleading, 10 Ahí- Ed. *956; The Bankruptcy Act 1898, § 21, f; Downer v. Chamberlin, 21 Vt. 414; Belnap v. Davis, 21 Vt. 409.</p> <p>In the reported cases when a discharge in bankruptcy has been pleaded, and the plaintiff claimed that his case was not affected by such discharge, the plaintiff has replied specially. Batchel

<p>Appeal, No. 129, Jan. T., 1902, by defendant, from judgment óf C. P. Warren Co., Dec. T., 1899, No. 23, on verdict for plaintiff in case of Ada A. Barnes v. Pickett Hardware Company, Limited.</p> <p>Assumpsit on a promissory note. Before Criswell, P. J.</p> <p>The facts are stated in the opinion of the Supreme Court.</p> <p>The court refused binding instructions for defendant.</p> <p>Verdict for plaintiff for $7,000, upon which judgment was entered for $6,714.90, all in excess having been “remitted.</p>