Paine v. Tilden
Supreme Court of Vermont
Trover for sixty four sheep and two hundred pounds of wool. Plea, the general issue. At the November Term, 1844, there was a trial and a verdict for the plaintiffs for $91,58 damages, and the ■defendant Harvey Tilden reviewed, but the other defendant did not. At the April Term, 1S45, there was a verdict for the defendant Harvey Tilden, and the plaintiffs reviewed. Trial by jury, November Term, 1845, — Redfield, J., presiding.
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Trover for sixty four sheep and two hundred pounds of wool. Plea, the general issue. At the November Term, 1844, there was a trial and a verdict for the plaintiffs for $91,58 damages, and the ■defendant Harvey Tilden reviewed, but the other defendant did not. At the April Term, 1S45, there was a verdict for the defendant Harvey Tilden, and the plaintiffs reviewed. Trial by jury, November Term, 1845, — Redfield, J., presiding. On trial the plaintiffs gave in evidence a bill of sale of sixty four sheep, signed by David R. Tilden, and dated April 12, 1842. And it was proved, that previous to…
1Opinion of the Court
*563The opinion of the court was delivered by
Redfield, J.
A question is made in regard to the competency of David R. Tilden to give testimony in this case on the part of the plaintiffs.
Since it has been decided, in this court, that one defendant in an action of tort is entitled to review the case in the county court, when the judgment is final as to other defendants, it could hardly be considered, that the review of the action, as to one, kept it along, as to the others. For if so, the result might be a verdict, on the review, in favor of those very defendants against whom z final verdict had…
2Cases cited5 opinions
- State v. RoeSupreme Court of Vermont · 1840
- Johnson v. BlackmanSupreme Court of Connecticut · 1836
- Sargeant v. SargeantSupreme Court of Vermont · 1846
- Sheple v. PageSupreme Court of Vermont · 1840
- Woodruff v. WestcottSupreme Court of Connecticut · 1837
3Cited by19 opinions
- Orris v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1919
- Webb v. StateOhio Supreme Court · 1876
- Mosley v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1882
- Stevenson v. Hugh Gunning's EstateSupreme Court of Vermont · 1892
- Kirby v. StateCourt of Criminal Appeals of Oklahoma · 1923
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