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, 65. köide |
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Page 7
... give , and as informing the jury that it was their duty to return such a verdict , without in any way controverting their ultimate right of exercising their own judgment in the For the want of positive error , affirmatively appear- ing ...
... give , and as informing the jury that it was their duty to return such a verdict , without in any way controverting their ultimate right of exercising their own judgment in the For the want of positive error , affirmatively appear- ing ...
Page 10
... exception of State v . Wood- ward , supra . It will be observed , however , that in the later cases , there has been a tendency to give this rule such effect , even to its extreme , logical results , 10 [ 65 STATE v . BURPEE .
... exception of State v . Wood- ward , supra . It will be observed , however , that in the later cases , there has been a tendency to give this rule such effect , even to its extreme , logical results , 10 [ 65 STATE v . BURPEE .
Page 12
... give a special verdict . And it was resolved that in all actions the jury might find the special matter of fact pertinent , and pray the direction of the court for the law . 2 Inst . 425. If any collateral matter , distinct from the ...
... give a special verdict . And it was resolved that in all actions the jury might find the special matter of fact pertinent , and pray the direction of the court for the law . 2 Inst . 425. If any collateral matter , distinct from the ...
Page 14
... give their verdict at large , if they will take upon themselves the knowledge of the law , they may give their verdict gen- erally , as is put in their charge : as in the case aforesaid , they may well say the lessor did not disseize ...
... give their verdict at large , if they will take upon themselves the knowledge of the law , they may give their verdict gen- erally , as is put in their charge : as in the case aforesaid , they may well say the lessor did not disseize ...
Page 15
... give a general verdict , yet it is dangerous for them so to do , for if they doe mistake the law , they runne into the danger of an attaint . ' Co. Litt . 228 a . This by no means admits , but substantially denies , the right of juries ...
... give a general verdict , yet it is dangerous for them so to do , for if they doe mistake the law , they runne into the danger of an attaint . ' Co. Litt . 228 a . This by no means admits , but substantially denies , the right of juries ...
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Common terms and phrases
administrator Admr adverse possession alleged Allen amount appear assumpsit attorney bill Brainerd CALEDONIA COUNTY charge CHITTENDEN COUNTY claim commissioner contract conveyance county court court was delivered damages debt deceased declaration decree deed defendant defendant excepts defendant's demurrer duty East Barre entitled equity error evidence tending fact fendant Hatch held highway husband insolvency intestate judges jurisdiction jurors land lease liable lien liquor Mass matter ment mortgage mortgagor MUNSON negligence offence opinion orator oratrix Orleans county owner paid parties payment petition petitioner plaintiff plea possession premises probate court prosecution quarry question recover referee request respondent Ross ROWELL rule RUTLAND COUNTY selectmen Smith statute statute of limitations suit TAFT tended to show term testified testimony THOMPSON tion town Trial by jury trustee TYLER verdict Ware Washington county wife WINDSOR COUNTY witness
Popular passages
Page 216 - But it is generally held, that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Page 425 - That in controversies respecting property, and in suits between man and man, the ancient trial by jury is preferable to any other, and ought to be held sacred.
Page 23 - Matter put in issue upon such indictment or information ; and shall not be required or directed, by the court or judge before whom such indictment or information shall be tried, to find the defendant or defendants guilty merely on the proof of the publication by such defendant or defendants of the paper charged to be a libel, and of the sense ascribed to the same in such indictment or information.
Page 54 - Every law that makes an action done before the passing of the law, and which was innocent when done, criminal; and punishes such action.
Page 16 - The words, That the jury did acquit, against the direction of the court, in matter of law, literally taken, and de piano, are insignificant and not intelligible, for no issue can be joined of matter in law, no jury can be charged with the trial of matter in law barely, no evidence ever was, or can be given to a jury of what is law, or not ; nor no such...
Page 424 - That when any issue in fact, proper for the cognizance of a jury is joined in a court of law, the parties have a right to trial by jury, which ought to be held sacred.
Page 54 - Every law that alters the legal rules of evidence and receives less or different testimony than the law required at the time of the commission of the offense, in order to convict the offender.
Page 258 - Kirkpatrick, 2 -Minn. 210 (Gil. 171), where the complaint alleged that "the defendants are justly indebted to the plaintiff in the sum of, etc., on account of goods, wares, and merchandise sold and delivered by the plaintiff to the defendant at the special instance and request...
Page 22 - ENACTED, that, On every Such trial, the jury sworn to try the issue may give a general verdict of guilty or not guilty upon the whole matter put in issue...
Page 583 - ... the said defendant, by leave of the court here for this purpose first had and obtained, according to the form of the statute in such case made and provided, says that the said plaintiff ought not to have or maintain his aforesaid action thereof against...