Spalding v. Oakes
Supreme Court of Vermont
Action on the Case, to recover that portion of a judgment recovered at a former term of the court, by Henry Oakes and wife against the plaintiff and the defendant jointly, for an injury done by a ram to the wife of said Henry Oakes, and for the costs and expenses of said suit, which the plaintiff has paid, as stated below. Plea, the general issue. Trial by jury, September term, 1868, Chittenden county, Pierpoint, C. J., presiding.
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Action on the Case, to recover that portion of a judgment recovered at a former term of the court, by Henry Oakes and wife against the plaintiff and the defendant jointly, for an injury done by a ram to the wife of said Henry Oakes, and for the costs and expenses of said suit, which the plaintiff has paid, as stated below. Plea, the general issue. Trial by jury, September term, 1868, Chittenden county, Pierpoint, C. J., presiding. The facts in this case are the same that appeared in the said former suit, as reported in the 40 Vt., 347. It further appeared that when the defendant took the ram,…
1Opinion of the Court
The opinion of the court was delivered by
Pierpoint, C. J.
The first question that arises upon the bill of exceptions, is whether the plaintiff, upon the facts stated, could *347maintain this action against the said Wiliam E. Oakes in his lifetime ?
The general proposition, that there can be no contribution nor indemnity between wrong doers, is perfectly well settled by a long and uniform course of decisions, many of which have been referred to by the counsel on the one side or the other in this case. The guie is conceded; it is also conceded that there are exceptions to the rule, and it is in…
2Cited by20 opinions
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- Bardwell Motor Inn, Inc. v. AccavalloSupreme Court of Vermont · 1977
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