In re Cote
Supreme Court of Vermont
Petition for writ of habeas corpus brought to tbe Supreme Court of Washington County, and heard on an agreed statement of facts. The opinion states the case. The verdict was a general one, and the wrong done by the relator must be taken to be described in the counts most favorable to him, namely the counts charging simple negligence and carelessness, for in these proceedings the burden of showing otherwise is on the execution creditor.
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Petition for writ of habeas corpus brought to tbe Supreme Court of Washington County, and heard on an agreed statement of facts. The opinion states the case. The verdict was a general one, and the wrong done by the relator must be taken to be described in the counts most favorable to him, namely the counts charging simple negligence and carelessness, for in these proceedings the burden of showing otherwise is on the execution creditor. Bailey v. Gleason, 76 Vt. 115; In re Peterson, 77 Vt. 226; In re Grout, 88 Vt. 318. The malice contemplated by the provision of the Bankruptcy Act, excepting…
1Opinion of the CourtMiles, J.
On the 24th day of July, 1917, Hattie M. Bancroft, administratrix, recovered judgment against the relator in an action of t-ort. The declaration contained six counts, two in trespass and four in trespass on the case. At the time of the rendition of the judgment the court adjudged and certified that the cause of action on which the judgment was founded arose from the wilful and malicious act of the relator. The relator took an exception to the judgment, but no bill was ever filed, and on August 23, 1917, the same was stricken from the record, in accordance with C-. L. 2258.
On August 1,' 1917,…
2Cases cited14 opinions
- Tinker v. ColwellSupreme Court of the United States · 1904
- McIntyre v. KavanaughSupreme Court of the United States · 1916
- Wright v. ClarkSupreme Court of Vermont · 1877
- McChristal v. ClisbeeMassachusetts Supreme Judicial Court · 1906
- State v. Burlington Drug Co.Supreme Court of Vermont · 1911
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3Cited by25 opinions
- Wellman v. MeadSupreme Court of Vermont · 1919
- Rosen v. ShingleurLouisiana Court of Appeal · 1950
- State of Vermont Agency of Natural Resources v. RiendeauSupreme Court of Vermont · 1991
- In re PhillipsDistrict Court, S.D. Ohio · 1924
- Smith v. LadrieSupreme Court of Vermont · 1925
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