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, 93. köide |
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Page 36
... admissible to vary its clear and settled meaning and effect than it is to vary its terms . Where the parties to an executory contract for the sale of land made a written agreement declaring the contract " void " and releasing each other ...
... admissible to vary its clear and settled meaning and effect than it is to vary its terms . Where the parties to an executory contract for the sale of land made a written agreement declaring the contract " void " and releasing each other ...
Page 45
... admissible . Again , in Lamoille County Sav . Bk . & Trust Co. v . Belden , 90 Vt . 535 , 98 Atl . 1002 , it was held that a provision , plain and free from ambiguity , contained in a deed , whereby the grantee agreed to assume and pay ...
... admissible . Again , in Lamoille County Sav . Bk . & Trust Co. v . Belden , 90 Vt . 535 , 98 Atl . 1002 , it was held that a provision , plain and free from ambiguity , contained in a deed , whereby the grantee agreed to assume and pay ...
Page 46
... admissible on the issue of mental capacity and undue influence . In such case , a witness was properly permitted to testify that she never saw the contestant misuse his father or abuse him ; such conclusion being admissible where the ...
... admissible on the issue of mental capacity and undue influence . In such case , a witness was properly permitted to testify that she never saw the contestant misuse his father or abuse him ; such conclusion being admissible where the ...
Page 47
... admissible on the question of un- due influence . The adjudication of the incompetency of a testator and the appointment of a guardian for him by the probate court about a month after the execution of the will were matters properly for ...
... admissible on the question of un- due influence . The adjudication of the incompetency of a testator and the appointment of a guardian for him by the probate court about a month after the execution of the will were matters properly for ...
Page 56
... admissible . " 2 Greenl . Ev . Sec . 690. To the same effect is the holding in Crocker v . Chase , 57 Vt . 413 . Exception was taken to the court's telling the jury that the matter of Mrs. Glennie's services subsequent to the making of ...
... admissible . " 2 Greenl . Ev . Sec . 690. To the same effect is the holding in Crocker v . Chase , 57 Vt . 413 . Exception was taken to the court's telling the jury that the matter of Mrs. Glennie's services subsequent to the making of ...
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Common terms and phrases
accident admissible Admr agreement alleged amended appear attorney automobile Bank Bennington County bill Caledonia County cause of action chancellor charge claim contract contributory negligence counsel county court court of equity creditor damages decree deed defendant's demurrer deposit directed verdict equity error evidence tending execution fact farm fendant finding Grammar School Grand Trunk ground HASELTON held highway Ibid injury intention issue Judevine judgment jurisdiction jury Lamoille County land lease liability Mass matter ment MILES mistake motion negligence objection Opinion filed Orleans County overruled parties payment person petition petitioner plaintiff premises probate court provisions question railroad real estate received relator rent rule Rutland statement statute suit supra Supreme Court TAYLOR tenant tending to show Term testator testified testimony therein tion Trial by jury trial court trustee Union Meeting House veneer mill Vermont WATSON witness
Popular passages
Page 299 - A person shall be deemed to have given a preference if, being insolvent, he has procured or suffered a judgment to be entered against himself in favor of any person, or made a transfer of- any of his property, and the effect of the enforcement of such judgment or transfer will be to enable any one of his creditors to obtain a greater percentage of his debt than any other of such creditors of the same class.
Page 333 - The courts are not free to refuse to enforce a foreign right at the pleasure of the judges, to suit the individual notion of expediency or fairness. .They do not close their doors, unless help would violate some fundamental principle of justice, some prevalent conception of good morals, some deep-rooted tradition of the common weal.
Page 272 - An Act to promote the safety of employees and travelers upon railroads by compelling common carriers engaged in interstate commerce to equip their cars with automatic couplers and continuous brakes, and their locomotives with driving-wheel brakes, and for other purposes...
Page 426 - ... collectively exceed one-third of the estate of the testator, leaving legal heirs, and in such case a pro rata deduction from such devises or bequests shall be made so as to reduce the aggregate thereof to one-third of such estate; and all dispositions of property made contrary hereto shall be void, and go to the residuary legatee or devisee, next of kin, or heirs, according to law.
Page 397 - A conspiracy need not be proved by direct evidence but may be inferred from the circumstances (People v.
Page 339 - States, the state, county, district, or municipality in which he resides; (2) are liabilities for obtaining property by false pretenses or false representations, or for wilful and malicious injuries to the person or property of another...
Page 339 - A discharge in bankruptcy shall release a bankrupt from all of his provable debts...
Page 272 - ... shall remain as the standards of equipment to be used on all cars subject to the provisions of this Act, unless changed by an order of said Interstate Commerce Commission, to be made after full hearing and for good cause shown; and failure to comply with any such requirement of the Interstate Commerce Commission shall be subject to a like penalty as failure...
Page 332 - With very rare exceptions the liabilities of parties to each other are fixed by the law of the territorial jurisdiction within which the wrong is done and the parties are at the time of doing it.
Page 156 - No doubt but this court has jurisdiction to relieve in respect of a plain mistake in contracts in writing, as well as against frauds in contracts; so that if reduced into writing contrary to the intent of the parties, on proper proof that would be rectified.