61 Vt. 313 | Vt. | 1889
The opinion of the court was delivered by
Veazey, J.
The plaintiff relies upon the well settled rule in this State that a motion to dismiss or quash is confined to cases where the defect is apparent upon-the face of the record, or papers, on inspection. That which requires proof aliunde musk be presented by plea in abatement upon which an issue can be formed. Rob. Vt. Dig. p. 533.
The motions in this cause were not adapted to the case because they depend upon facts outside the papers. No proof aliunde was admissible. Yet the bill of exceptions states that the County Court found certain facts there specified, and sustained the motions ; but fails to state how it happened that proof aliunde was admitted, or that any objection was made to it, or how the facts came before the court. If it was possible for those facts-
Judgment affirmed.