Campbell v. Camp

Decided October 15, 1896

Supreme Court of Vermont · decided 1896-10-15

Replevin. Plea, not guilty and notice of justification. Heard on general and special demurrer to the plea and notice, at the March Term, 1896, ■ Washington County, Start, J., presiding. (1) The notice is insufficient because it says that the defendant “took said goods, if at all” etc. which is neither an avowry nor an admission of the taking. It is the general issue, not a justification. (2) The notice is insufficient because it does not show a return of the warrant.

Cited by 1 later decisions — most recently May 1910

1 state decisions

Relies on Loop v. Williams · Town of Plainfield v. Batchelder

Good law ✅— No negative treatment on recordhow we know

Demurrer overruled · Decided 1896-10-15

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Rowell, J.

¶1This is replevin for seventy bottles of beer, alleged to have been taken by the defendant as deputy sheriff, from the plaintiff’s store, on a warrant of search and *98seizure. Plea, not guilty, and notice of justification under said warrant. Both the plea and the notice are demurred to.

¶2As to the demurrer to the plea, the statute provides that the general issue shall be joined on the plea of not guilty, and this court has held in cases just like this that such a plea is good. Plainfield v. Batchelder, 44 Vt. 9; Loop v. Williams, 47 Vt. 407.

¶3As to the demurrer to the notice, it is sufficient to say that a notice is not the subject of demurrer. If insufficient, advantage must be taken of it by objecting to the testimony offered under it.

¶4Judgment affirmed and cause remanded.