Hanchett v. Whitney
Supreme Court of Vermont
THIS was an action of. ejectment for a farm of land in Hart-land. The plaintiff’s writ was dated the 5th day of April, 1826, and served on the 5th of that month.
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THIS was an action of. ejectment for a farm of land in Hart-land. The plaintiff’s writ was dated the 5th day of April, 1826, and served on the 5th of that month. A trial having been had in the county court, in which a verdict was returned for the plaintiff, the cause came before this court, on a motion by the defendant for a new trial, founded on exceptions taken at the trial below, and which appear in the following case, placed upon the record by the agreement of the parties, and certified up for a final decision of the court thereon. “On the trial of this cause, the plaintiff introduced…
1Opinion of the Court
The opinion of the court was delivered by
Hutchinson J.
This is a case agreed upon by the parties, and was never presented to the court for allowance. The case represents the court, as taking from the jury, altogether, the business of weighing the testimony. That is not the practice of the members of this court, nor can it be sanctioned in this cáse. For this reason, there must be a new trial.
To aid the parties in preparing for another trial, and render , the labour of the present hearing in some degree useful, the Court will express their opinion upon the points litigated.
The chief dispute, in…
2Cited by4 opinions
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