Oatman v. Andrew
Supreme Court of Vermont
Trespass, qú. cl. fr. Plea, the general issue. Trial by jury, June term, 1870, Wheeler, J., presiding. Upon the trial the plaintiff claimed to recover for entering upon a part of lot No. 28, in Arlington, by the defendant, and cutting and carrying away trees.
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Trespass, qú. cl. fr. Plea, the general issue. Trial by jury, June term, 1870, Wheeler, J., presiding. Upon the trial the plaintiff claimed to recover for entering upon a part of lot No. 28, in Arlington, by the defendant, and cutting and carrying away trees. The plaintiff introduced evidence that showed him to have title to, and possession of, the south half of the lot except fifteen acres that had been reserved by the grantors off from the west end of the lot before it was divided. The plaintiff also introduced evidence tending to show that those from whom he derived title had at various…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The first question arising on the exceptions is on the admissibility of the deposition of Henry Corey. The magistrate certified : “ The deponent being so aged and infirm in health as to render Mm unsuitable to attend the trial, is the cause of taking-the deposition.” The deposition had been used on a former trial, against the defendant’s objection. Before it was offered for use in the court below on the last trial, the magistrate, without leave of court, had stricken out the second syllable from the word “ unsuitable,” leaving it “ unable,” and…
2Cases cited1 opinion
- South School District v. BlakesleeSupreme Court of Connecticut · 1839
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- Land Finance Corp. v. St. Johnsbury Wiring Co.Supreme Court of Vermont · 1927
- Child v. KingsburySupreme Court of Vermont · 1873