Knapp v. Winchester
Supreme Court of Vermont
Trover, for sundry articles of household goods. Plea — not guilty, and trial by jury. It appeared, on the trial in the county court, that, in the summer of 1836, one Pratt and his wife were living at New Fane, where said Pratt was confined in close jail, and his wife became sick, and one or both became chargeable, as paupers, to said town ; that an order of removal was thereupon obtained, treating said Pratt and wife as persons having their legal settlement in the town of…
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Trover, for sundry articles of household goods. Plea — not guilty, and trial by jury. It appeared, on the trial in the county court, that, in the summer of 1836, one Pratt and his wife were living at New Fane, where said Pratt was confined in close jail, and his wife became sick, and one or both became chargeable, as paupers, to said town ; that an order of removal was thereupon obtained, treating said Pratt and wife as persons having their legal settlement in the town of Marlboro’, which town was notified of said order. Their settlement in Marlboro’ did not appear to have been ever disputed.…
1Opinion of the CourtRedfield, J.
Two questions arise in the present case.
1. Have the plaintiffs shown any. sufficient property to maintain the action ?
2. Has the defendant been guilty of a conversion ?
The case states, that testimony was given tending to prove certain propositions, and, also, that certain facts were proved ; — upon which the court decided, that the plaintiffs could not recover. The plaintiffs now object, that the court decided upon the facts, as well as the law. This court see no reason for that objection. Whether the testimony is all given by plaintiffs or by both parties, if there is no conflict, it is…
2Cited by16 opinions
- Omaha & Grant Smelting & Refining Co. v. TaborSupreme Court of Colorado · 1889
- Carter v. BennettSupreme Court of Florida · 1852
- Jones v. Charles P. Kellogg & Co.Supreme Court of Kansas · 1893
- Tinker v. MorrillSupreme Court of Vermont · 1866
- Rosencranz v. Swofford Bros. Dry Goods Co.Supreme Court of Missouri · 1903
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