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 |
From inside the book
Results 1-5 of 87
Page xv
... EXECUTION . 309 V. HEARSAY 283 1. In general . 283 I. ISSUING OF EXECUTION 309 2. Declarations of deceased per- II . FORM AND REQUISITES 310 III . sons . 283 EFFECT 312 . IV . 3. Recital in deed . 284 RELIEF AGAINST ERRONEOUS EXECU 4 ...
... EXECUTION . 309 V. HEARSAY 283 1. In general . 283 I. ISSUING OF EXECUTION 309 2. Declarations of deceased per- II . FORM AND REQUISITES 310 III . sons . 283 EFFECT 312 . IV . 3. Recital in deed . 284 RELIEF AGAINST ERRONEOUS EXECU 4 ...
Page 16
... execution in favor of the plaintiff town , the defense was that the town , . by its town agent , controlled the execution : -- Held , ( 1 ) , that evidence that the town agent 23. Inspection Act . Under stat . 1850 , No. agreed at ...
... execution in favor of the plaintiff town , the defense was that the town , . by its town agent , controlled the execution : -- Held , ( 1 ) , that evidence that the town agent 23. Inspection Act . Under stat . 1850 , No. agreed at ...
Page 25
... execution against the father , and agent was insolvent and owed the defendant the defendant by deed from the son . There $ 20 , and agreed to pay this debt out of the being some evidence that the son had author- price of the goods in ...
... execution against the father , and agent was insolvent and owed the defendant the defendant by deed from the son . There $ 20 , and agreed to pay this debt out of the being some evidence that the son had author- price of the goods in ...
Page 26
... executed , " appeared interlined , following the on application to the court , but not otherwise , word " signed ... execution , the instrument should , 12 Vt . 195 . without reference to the character of any altera- 6. — of writ and ...
... executed , " appeared interlined , following the on application to the court , but not otherwise , word " signed ... execution , the instrument should , 12 Vt . 195 . without reference to the character of any altera- 6. — of writ and ...
Page 30
... execution , & c . Tudor v . Taylor , 26 Vt . 444 . 66. on appeal from probate court . On an appeal from the probate to the supreme court , the court refused to allow the referee , appointed by rule of the probate court , to amend his ...
... execution , & c . Tudor v . Taylor , 26 Vt . 444 . 66. on appeal from probate court . On an appeal from the probate to the supreme court , the court refused to allow the referee , appointed by rule of the probate court , to amend his ...
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Other editions - View all
A Digest of All the Reported Decisions of the Supreme Court of the State of ... Daniel Roberts No preview available - 2017 |
A Digest of All the Reported Decisions of the Supreme Court of the State of ... Daniel Roberts No preview available - 2015 |
Common terms and phrases
9 Vt action of book administrator admissible agent agreement allowed amendment appeal arbitrators assignment assumpsit attachment attorney award Bank bill bond book account Brayt cause of action chancery charge Chip chose in action claim clerk common law contract conveyance conveyed corporation county court court of chancery covenant creditor damages debt debtor declaration decree deed defendant defendant's demand demurrer discharge ejectment entitled estoppel evidence execution fact fendant fraud grant grantor Held highway husband indictment indorsed interest judgment jurisdiction jury justice land levy liable liquor ment notice officer owner paid parol party payable payment person plaintiff pleaded possession probate court proceedings promise promissory note prosecution prove purchase received record recover refused rendered Smith sold statute statute of frauds statute of limitations sufficient suit supreme court tiff tion town trespass trial trover void wife witness writ
Popular passages
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...