Reports of Cases Argued and Determined in the Supreme Court of the State of Vermont: Reported by the Judges of Said Court, Agreeably to a Statute Law of the State, Volume 8 |
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Results 1-5 of 82
Page 14
... bill for foreclosure by mortgagee . And from every view we have no doubt the plaintiff in this case is entitled to his scire facias against the bail for the recovery of the costs . The judgment of the county court is therefore affirmed ...
... bill for foreclosure by mortgagee . And from every view we have no doubt the plaintiff in this case is entitled to his scire facias against the bail for the recovery of the costs . The judgment of the county court is therefore affirmed ...
Page 15
... bill of exceptions , this action cannot be maintained . In the case of a tavern keeper , tailor , wharfinger , agister of cattle , and common carrier , it is not to be denied that if they convert the articles , delivered them to keep ...
... bill of exceptions , this action cannot be maintained . In the case of a tavern keeper , tailor , wharfinger , agister of cattle , and common carrier , it is not to be denied that if they convert the articles , delivered them to keep ...
Page 18
... bill of ex- ceptions is , whether trover be the appropriate remedy in this case . There can be no doubt assumpsit will lie , upon such a re- ceipt in the name of a deputy sheriff even , when so expressed in the receipt . The bailing of ...
... bill of ex- ceptions is , whether trover be the appropriate remedy in this case . There can be no doubt assumpsit will lie , upon such a re- ceipt in the name of a deputy sheriff even , when so expressed in the receipt . The bailing of ...
Page 30
... bill of exceptions , if there be er- ror in the proceedings of the court below , although substantial justice may have been done , the party excepting is entitled to a new trial as a matter of right , and the court have no discretion to ...
... bill of exceptions , if there be er- ror in the proceedings of the court below , although substantial justice may have been done , the party excepting is entitled to a new trial as a matter of right , and the court have no discretion to ...
Page 33
... bills of taxes against plaintiff . This being wholly subsequent to the refusal , could in no sense tend to qualify it . If the plaintiff had brought his suit immediately af- ter the refusal , his right of action to recover the value of ...
... bills of taxes against plaintiff . This being wholly subsequent to the refusal , could in no sense tend to qualify it . If the plaintiff had brought his suit immediately af- ter the refusal , his right of action to recover the value of ...
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Common terms and phrases
action admitted aforesaid agreement alleged amount appear appointed assumpsit attachment auditor authority Bigelow bill bond cause charge CHITTENDEN claim common law contended contract county court court was delivered creditor damages Dartmouth College debt debtor decided decision declaration decree deed defendant defendant's discharge dollars Edson entitled evidence execution executor fact February fendant FRANKLIN fraud fraudulent interest issue JACOB COLLAMER Jacob Corliss January judgment jury justice land levy Lewis F liable March mare ment mortgage Nason North Hero notice objection officer opinion overseers paid parties payable payment person plaintiff plea pleaded possession probate court proceedings promissory note prove question reason record recover remedy rendered rule RUTLAND scire facias settled sheriff statute of limitation STEPHEN ROYCE sufficient suit sustained term testimony tiff tion town clerk trespass trial trover usury Van Duzee Vashni verdict void WINDSOR witness writ
Popular passages
Page 438 - In one word, the gist of this kind of action is, that the defendant, upon the circumstances of the case, is obliged by the ties of natural justice and equity to refund the money.
Page 318 - It is a wise and beneficial law, not designed merely to raise a presumption of payment of a just debt, from lapse of time, but to afford security against stale demands,, after the true state of the transactions may have been forgotten, or be incapable of explanation, by reason of the death or removal of witnesses.
Page 44 - ... 3. Of any person, who by excessive drinking, or by gaming, idleness or debauchery of any kind, shall so spend, waste or lessen his estate as to expose himself or his family...
Page 146 - An Act for making more effectual provision for the Governm'ent of the Province of Quebec, in North America,' and to make further provision ' for the Government of the said Province...
Page 351 - Where a covenant goes only to part of the consideration on both sides, and a breach of such covenant may be paid for in damages, it is an independent covenant, and an action may be maintained for a breach of the covenant on the part of the defendant, without averring performance in the declaration.
Page 175 - This, the court held, had not in that case been done. But it had clearly been done in this case. The deed was copied by the town clerk into the proper book, in the proper place, and duly certified as recorded, which would doubtless have been held by the court at that time, to have been sufficient. We are...
Page 342 - conditions are to be construed to be either precedent or subsequent according to the fair intention of the parties, to be collected from the instrument ; and technical words (if there be any to encounter such intention) should give way to that intention.
Page 428 - ... refined and enlightened civilization, are clearly taken into view, we shall find the reasoning of Justice Redfield altogether safe, and exactly in harmony with the system of government and society to which it is applied. It is well settled, says the Justice (in State v.
Page 392 - In general, the action on a contract, whether express or implied, or whether by parol, or under seal, or of record, must be brought in the name of the party in whom the legal interest in such contract was vested.
Page 133 - ... or shall declare herself to be with child, and that such child is likely to be born a bastard, and to be chargeable to any parish or extra-parochial place...