Cilley v. Cushman
Supreme Court of Vermont
Trespass for taking one ox and one cow. Plea general issue, with notice. Issue to the court. On the trial in the court below, the following facts were found: viz. The plaintiff, in the spring of 1834, purchased a cow and delivered her to his father, Ebenezer Cilley, who was to have the use of said cow, and was, in consideration thereof, to raise the calf for the plaintiff. Said cow had, a calf that year, which was raised by said Ebenezer. The plaintiff resided in New York.
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Trespass for taking one ox and one cow. Plea general issue, with notice. Issue to the court. On the trial in the court below, the following facts were found: viz. The plaintiff, in the spring of 1834, purchased a cow and delivered her to his father, Ebenezer Cilley, who was to have the use of said cow, and was, in consideration thereof, to raise the calf for the plaintiff. Said cow had, a calf that year, which was raised by said Ebenezer. The plaintiff resided in New York. In February or March, 1835, an execution was issued against the said Ebenezer, and, at said Ebenezer’s house, the…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
— In every case, which comes from the county court when the issue is tried by them, it should appear from the case, that they erred in deciding some questions of law and that this error either did produce, or tended to produce, the result to which they arrived. When the trial is by the jury, the questions are easily presented, either by objections to the admission or rejection of testimony on which the verdict was, or might have been, rendered, or by objections to the charge of the court on the testimony, which might have produced the…
2Cited by2 opinions
- Smith v. AtkinsSupreme Court of Vermont · 1846
- Sanborn v. KittredgeSupreme Court of Vermont · 1847