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, 28. köide |
From inside the book
Page 3
... among other matters not objected to , that if the jury found the contract to be as
the defendants claimed , a mere agreement by Stevens that the hay and fodder
was to be fed out on the place , then the plaintiff could not recover ; but that if they
...
... among other matters not objected to , that if the jury found the contract to be as
the defendants claimed , a mere agreement by Stevens that the hay and fodder
was to be fed out on the place , then the plaintiff could not recover ; but that if they
...
Page 5
AUDITA QUERELA to set aside a judgment recovered before a justice of the
peace , in favor of the defendant against the complainants , on the ground that
the complainant Charles Wrisley was Wrisleys r . Kenyon . a minor , and
appeared ...
AUDITA QUERELA to set aside a judgment recovered before a justice of the
peace , in favor of the defendant against the complainants , on the ground that
the complainant Charles Wrisley was Wrisleys r . Kenyon . a minor , and
appeared ...
Page 37
... in the American cases cited , and in one late English case , Souch v .
Strawbridge , 2 C . B . 808 , by TINDALL , Ch . J . , it is said that to entitle the party
to recover on his part - performance within the year , when the other that the
performance ...
... in the American cases cited , and in one late English case , Souch v .
Strawbridge , 2 C . B . 808 , by TINDALL , Ch . J . , it is said that to entitle the party
to recover on his part - performance within the year , when the other that the
performance ...
Page 60
These and many other similar cases determine merely that one servant cannot
recover against his employer for injuries occasioned by the negligence of his co -
servant , for the reason that all obligation from the master arises , expressly or by
...
These and many other similar cases determine merely that one servant cannot
recover against his employer for injuries occasioned by the negligence of his co -
servant , for the reason that all obligation from the master arises , expressly or by
...
Page 67
... as surety for Briggs , in the manner indicated by the notes , and showing
merely that they had been compelled to pay and had paid them , would not be
entitled to recover in this joint action ; but that if the plaintiffs signed the notes as
sureties ...
... as surety for Briggs , in the manner indicated by the notes , and showing
merely that they had been compelled to pay and had paid them , would not be
entitled to recover in this joint action ; but that if the plaintiffs signed the notes as
sureties ...
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acceptance action adverse possession agreed agreement allowed amount appeared applied assignment attachment authority award Bank bill building cause charge claim commenced common consideration construction contract costs county court creditors damages debt decree deed defendant defendant's delivered dollars effect entitled evidence excepted execution existed fact favor give given ground hands held interest issue John judgment jury justice land liable limitations March matter necessary notice objection obtained offered officer opinion original paid parties payment person plaintiff possession premises present principal proceedings prove purchase question railroad real estate reason received recover reference regard relation remained removed rendered residence road rule seems settled settlement statute sufficient suit sustained taken tending Term testimony tion town trial trustee wife witness writ
Popular passages
Page 191 - This opinion does not deprive the states of any resources which they originally possessed. It does not extend to a tax paid by the real property of the bank, in common with the other real property within the state, nor to a tax imposed on the interest which the citizens of Maryland may hold in this institution, in common with other property of the same description throughout the state.
Page 82 - ... all, and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings...
Page 62 - ... that from the mere relation of master and servant no contract, and therefore no duty, can be implied on the part of the master to cause the servant to be safely and securely carried, or to make the master liable for damage to the servant, arising from any vice or imperfection, unknown to the master, in the carriage, or in the mode of loading and conducting it.
Page 325 - Had you called the porter and he had said that, although he had no recollection of the letter in question, he invariably carried to the post office all the letters found upon the table, this might have done...
Page 591 - ... where the proceedings are not according to the course of the common law, nor inrolled , such as the county-court, courts of hundreds, court-baron, &c.
Page 185 - CP 612, is in point in a case of this kind, viz., that he "could see no difference between negligence and gross negligence; that it was the same thing with the addition of a vituperative epithet.
Page 265 - In consideration whereof the said party of the second part covenants and agrees to and with the said party of the first part to...
Page 363 - ... the agreement is one which by the statute of frauds is required to be in writing.
Page 54 - ... proprietor of the land has a right to the advantage of the stream flowing in its natural course over his land, to use the same as he pleases, for any purposes of his own, not inconsistent with a similar right in the proprietors of the land above or below; so that, neither can any proprietor above diminish the quantity or injure the quality of the water which would otherwise naturally descend, nor can any proprietor below throw back the water without the license or the grant of the proprietor...
Page 502 - In such a case there is no room for any other appropriation than that which arises from the order in which the receipts and payments take place, and are carried into the account. Presumably it is the sum first paid in that is first drawn out. It is the first item on the debit side of the account that is discharged or reduced by the first item on the credit side. The appropriation is made by the very act of setting the two items against each other.