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 15
... ( Signed ) And on the back of the receipt was the following endorsement : " I hereby acknowledge a demand of the property named in this receipt made by Silas B. Sibley , constable of Milton , 20th Sept. 1834. " ( Signed ) JOSEPH STORY ...
... ( Signed ) And on the back of the receipt was the following endorsement : " I hereby acknowledge a demand of the property named in this receipt made by Silas B. Sibley , constable of Milton , 20th Sept. 1834. " ( Signed ) JOSEPH STORY ...
Page 35
... signed by Nathan B. Haswell , clerk , and dated the " 9th day of May , A. D. 1834 , has this day taken the oath pre- " scribed in an act entitled ' An act relating to levying executions " and to poor debtors . ' The said Lovely was ...
... signed by Nathan B. Haswell , clerk , and dated the " 9th day of May , A. D. 1834 , has this day taken the oath pre- " scribed in an act entitled ' An act relating to levying executions " and to poor debtors . ' The said Lovely was ...
Page 38
... signed the complaint against said Cushing and who approved the accounts of said guardian , acted , at the time when they signed the same , in that capacity , and were select men of said town of Chelsea . To this evidence the plain- tiff ...
... signed the complaint against said Cushing and who approved the accounts of said guardian , acted , at the time when they signed the same , in that capacity , and were select men of said town of Chelsea . To this evidence the plain- tiff ...
Page 48
... signed by the said plaintiff , acknowledged that he had then and there received of said defendant one dollar , in full satis- faction and discharge of said book account . 3. That after the accruing of said account , to wit , on the 10th ...
... signed by the said plaintiff , acknowledged that he had then and there received of said defendant one dollar , in full satis- faction and discharge of said book account . 3. That after the accruing of said account , to wit , on the 10th ...
Page 73
... signed by the plaintiff and one Carr . The defendant offered his own oath to prove an agree- ment between himself and the plaintiff , that the note in question should be applied upon the plaintiff's account , and also to prove that he ...
... signed by the plaintiff and one Carr . The defendant offered his own oath to prove an agree- ment between himself and the plaintiff , that the note in question should be applied upon the plaintiff's account , and also to prove that he ...
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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...