Green v. Donaldson
Supreme Court of Vermont
Trespass on the case. Plea, the general issue, and trial by jury- The declaration alleged that the defendant was possessed of a quantity of cord wood, which he proposed to sell to the plaintiff at one dollar per cord.
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Trespass on the case. Plea, the general issue, and trial by jury- The declaration alleged that the defendant was possessed of a quantity of cord wood, which he proposed to sell to the plaintiff at one dollar per cord. That one hundred and sixty cords of the wood were piled in six tiers, or piles, in such manner that it was impossible for the plaintiff to inspect the four interior tiers; — that the two exterior tiers, and the ends and tops of the other tiers were of wood of good quality, sound, straight, and well splitthat the defendant represented to the plaintiff, that the four interior…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This case must be decided from what appears upon the bill of exceptions. If the testimony objected to has any legal tendency to prove the issue, in any reasonably supposable state of the testimony, as detailed in the bill of exceptions, it will be im*164possible for us to say that it was improperly received. When it is stated, as in the present case, that the plaintiff gave evidence tending'to prove the “ various allegations as mentioned in his declaration,” we must conclude that by this is intended all the allegations in the declaration, and…
2Cited by3 opinions
- Weeks v. Town of LyndonSupreme Court of Vermont · 1881
- Camp v. CampSupreme Court of Vermont · 1887
- Lazarus v. LazarusHawaii Supreme Court · 1900