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 66 |
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Common terms and phrases
action admissible adverse possession alleged amount appear assumpsit Bennington county bill Caledonia county cause charge claimed condition contract county court damages debt deceased declaration decree deed defendant excepts defendant's entitled equity error evidence tended execution fact farm fendant filed Gonyeau heard held highway homestead hundred dollars husband intention intestate issue JANUARY TERM Judgment affirmed jurisdiction land liable marriage Mass matter ment mortgage motion negligence notice offence orator Orleans county owner paid parties partners partnership pauper payment person petition petitioner plaintiff Plea possession premises probate court purchase question Railroad reason received recover reference remanded replevin residence respondent ROWELL rule Rutland Rutland county Ryegate scire facias selectmen September term statute street suit tended to show testator testified testimony tion town Trial by jury trust verdict village Washington county wheel widow wife Windsor county Winooski witness writ
Popular passages
Page 143 - ... defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give or the jury would have given the verdict, such defect, imperfection, or omission is cured by the verdict...
Page 343 - There must be reasonable evidence of negligence ; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use the proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 670 - The court instructed the jury that the plaintiff was entitled to recover this expense, if he was legally bound to pay the bill to Dr.
Page 406 - His measure of damages would be the difference between the value of the property at the time of the breach of the contract and the price fixed by the contract.
Page 443 - This insurance may be terminated at any time at the request of the assured, in which case the company shall retain only the customary short rates for the time the policy has been in force.
Page 689 - ... his neighbor of his property, and because it is underground is probably for some little time not detected, the court of equity in this country will struggle, or I would rather say, will assert its authority to punish the fraud by fixing the person with the value of the whole of the property which he has so furtively taken, and making him no allowance in respect of what he has so done, as would have been justly made to him if the parties, had been working by agreement.
Page 98 - From the principle that a share of a partner is nothing more than his proportion of the partnership assets after they have been turned into money and applied in liquidation of the partnership debts, it necessarily follows that in equity a share in a partnership, whether its property consists of land or not, must, as between the real and personal representatives of a deceased partner, be deemed to be personal, and not real, estate, unless, indeed, such conversion is inconsistent with the agreement...
Page 155 - To deter more effectually from the commission of crimes, by continued visible punishments of long duration, and to make sanguinary punishments less necessary; houses ought to be provided for punishing by hard labour, those who shall be convicted of crimes not capital...
Page 150 - The charge must contain such a description of the crime that the defendant may know what crime it is which he is called upon to answer ; that the jury may appear to be warranted in their conclusion of ' guilty ' or
Page 343 - The court said there must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.