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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Page 13
... consideration that this stay of execution is on motion of the defendant , and that the court have no discretion , but to fix the time of redemption and order stay of execution , still more forcibly induces us to decide that the lapse of ...
... consideration that this stay of execution is on motion of the defendant , and that the court have no discretion , but to fix the time of redemption and order stay of execution , still more forcibly induces us to decide that the lapse of ...
Page 31
... consideration of this question it is to be conceded that the " logs " were the property of the plaintiff . And we have no doubt that the mere assertion by defendants , that the property belonged to them , is not in any sense evidence of ...
... consideration of this question it is to be conceded that the " logs " were the property of the plaintiff . And we have no doubt that the mere assertion by defendants , that the property belonged to them , is not in any sense evidence of ...
Page 32
... consideration . For the question is one of a very nice char- acter . The case shows that in regard to a harness and some old iron , which belonged to plaintiff , and were merely put into the de- fendants ' hands for safe keeping , they ...
... consideration . For the question is one of a very nice char- acter . The case shows that in regard to a harness and some old iron , which belonged to plaintiff , and were merely put into the de- fendants ' hands for safe keeping , they ...
Page 61
... consideration , namely , whether the offence charged be of such a character as would , up- on conviction , render the respondent legally infamous . [ The counsel here cited 2 Stark . Ev . 715—1 Chit . Crim . Law 489- 3 Stark . R. 21 ...
... consideration , namely , whether the offence charged be of such a character as would , up- on conviction , render the respondent legally infamous . [ The counsel here cited 2 Stark . Ev . 715—1 Chit . Crim . Law 489- 3 Stark . R. 21 ...
Page 64
... consideration alone is enti- tled to great weight , as has been repeatedly held , both by the state and United States courts . But even if we could adopt this view of the case , we are not prepared to say that the offence attempted to ...
... consideration alone is enti- tled to great weight , as has been repeatedly held , both by the state and United States courts . But even if we could adopt this view of the case , we are not prepared to say that the offence attempted to ...
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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...