A Digest of All the Reported Decisions of the Supreme Court of the State of Vermont [1789-1876]: Contained in the Reports of N. Chipman, Tyler, Brayton, D. Chipman, Aikens, and in Forty-eight Volumes of Vermont Reports; Also, of All the Decisions of the Courts of the United States for the District of Vermont, which are Found in the Vermont Reports, Volume 1

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Free Press and Times book print, 1878 - Law reports, digests, etc - 866 pages
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Page 459 - But where the mistake is of so fundamental a character that the minds of the parties have never, in fact, met, or where an unconscionable advantage has been gained, by mere mistake or misapprehension; and there was no gross negligence on the part of the plaintiff, either in falling into the error or in not sooner claiming redress; and no intervening rights have accrued; and the parties may still be placed in statu quo; equity will interfere, in its discretion, to prevent intolerable injustice.
Page 371 - The decisions on the subject of passengers' baggage turn upon the question : What articles may baggage consist of ? This is a mixed question of law and fact, to be determined by the jury under proper instructions from the court.
Page 234 - The intent when apparent and not repugnant to any rule of law, will control technical terms, for the intent, and not the words, is the essence of every agreement. In the exposition of deeds, the construction must be upon the view and comparison of the whole instrument, and with an endeavor to give every part of it meaning and effect.
Page 177 - ... the difference between the contract price and the market value at the time and place of delivery.
Page 86 - Provided, That nothing in this act shall be construed to prevent all the shares in any of the said associations, held by any person or body corporate, from being included in the valuation of the personal property of such person or corporation in the assessment of taxes imposed by or under State authority at the place where such bank is located, and not elsewhere...
Page 218 - The question is, whether the exception is so incorporated with and becomes a part of the enactment as to constitute a part of the definition or description of the offense...
Page 394 - No rule Is better settled than that when a court has appointed a receiver his possession is the possession of the court for the benefit of the parties to the suit and all concerned, and cannot be disturbed without the leave of the court, and that if any person, without leave, Intentionally interferes with such possession, he necessarily commits a contempt of court, and is liable to punishment therefor.
Page 24 - where the acts of the agent will bind the principal, there his representations, declarations, and admissions respecting the subject-matter will also bind him, if made at the same time, and constituting part of the res gestae.
Page 488 - Nor shall any person, holding any office of profit or trust under the authority of Congress, be eligible to any appointment in the legislature, or of holding any executive or judiciary office under this state.
Page 47 - It is true that the assignee of a chose in action takes it subject to all the equities to which it was subject in the hands of the assignor...

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