Eddy v. Davis
Supreme Court of Vermont
Replevin for seven cattle. Plea not guilty and trial by jury at the April Term, 1860, — Redfield, Cb. J , presiding. It appeared in the course of the trial that in the winter of 1858-9, the plaintiff and one Wright formed some kind of a connection in the business of purchasing and marketing cattle, both having been employed in the business before that time on separate account.
Read the full summary
Replevin for seven cattle. Plea not guilty and trial by jury at the April Term, 1860, — Redfield, Cb. J , presiding. It appeared in the course of the trial that in the winter of 1858-9, the plaintiff and one Wright formed some kind of a connection in the business of purchasing and marketing cattle, both having been employed in the business before that time on separate account. The arrangement between them was, as claimed by the plaintiff, that the plaintiff should furnish all the money to make the-purchases and own all the cattle, and that Wright should have no control or interest in the…
1Opinion of the Court
Aldis J.
The rule of law that the declarations of a party are admissible as evidence, when and only when they are a part of the res gesta, is one of the most difficult in practical applica*212tion. The declarations must be connected with some transaction which is admissible in evidence, and must, be made at the time, and must serve to explain, modify, or give character to the transaction. To determine upon the proper application of the rule to the case at bar, it is necessary to consider what the transaction was in connection with which the declarations here excluded were made — whether it was…
2Cited by3 opinions
- Ravine House Co., Inc. v. BradstreetSupreme Court of Vermont · 1930
- Downer v. Town of StraffordSupreme Court of Vermont · 1874
- State v. FairbanksSupreme Court of Vermont · 1929