Johnson v. Perry
Supreme Court of Vermont
Trespass, for an assault and battery. Plea, general issue and notice. Trial, March Term, 1881, Taft, J., presiding. Yerdict and judgment for the defendant.
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Trespass, for an assault and battery. Plea, general issue and notice. Trial, March Term, 1881, Taft, J., presiding. Yerdict and judgment for the defendant. The plaintiff claimed, and his testimony tended to show, that in March, 1879, he had a quantity of slab-wood in the mill yard of the defendant; that he went and loaded a part of a, load, when the defendant told him he might have that load, but if he took any more he should charge him fifty cents a load for it; that he told the defendant he should not pay for his own wood, and thereupon the defendant told him he should not allow him to take…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
I. On the facts found by the County Court, the deposition of F. X. Massey was properly excluded. Having been taken on a day other than the day named in the citation, it stood the same as if taken without notice, unless a legal continuance is to be presumed. But no presumptions are made in favor of the regularity of the proceedings resulting in the taking of deposition further than what appears in the caption. It is only by force of the provisions of the statute that depositions are admissible in evidence, and then only when taken in compliance…
2Cases cited7 opinions
- Hodgeden v. HubbardSupreme Court of Vermont · 1846
- Dustin v. CowdrySupreme Court of Vermont · 1851
- Yale v. SeelySupreme Court of Vermont · 1843
- Smith v. PotterSupreme Court of Vermont · 1855
- Barron v. PettesSupreme Court of Vermont · 1846
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Land Finance Corp. v. St. Johnsbury Wiring Co.Supreme Court of Vermont · 1927
- Clark's Admr. v. Wilmington Savings BankSupreme Court of Vermont · 1915
- Biggs v. SeufferleinSupreme Court of Iowa · 1914
- Stanley v. PayneSupreme Court of Vermont · 1905