Dixon v. Olmstead
Supreme Court of Vermont
This was an action of trover for a horse. The facts in the case were, in short, that the defendant procured one Blodget to come from New-Hampshire, into the town of Barnet, in this State, after having procured a warrant to arrest the plaintiff in that State, on a charge of forgery, and here procured the warrant of two justices of the peace, for the arrest and surrender of plaintiff, to answer to the charge of forgery in the State of New-Hampshire.
Read the full summary
This was an action of trover for a horse. The facts in the case were, in short, that the defendant procured one Blodget to come from New-Hampshire, into the town of Barnet, in this State, after having procured a warrant to arrest the plaintiff in that State, on a charge of forgery, and here procured the warrant of two justices of the peace, for the arrest and surrender of plaintiff, to answer to the charge of forgery in the State of New-Hampshire. The plaintiff declared himself innocent of the alleged forgery, but, on conferring with defendant’s agent, the matter was agreed to be settled, by…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The principles, applicable to cases of this character, are very well settled. The only difficulty here is in determining to which class of cases this-belengs. If this is to be treated strictly as a compounding of felony, and, as such, an indictable of-fence, it is past all controversy that the plaintiff eannot recover. For both parties are to be considered in pari delicto, and the case will then be determined by the well known maxim, potior est conditio defendentis. It needs -no laboured argument to show the doctrines upon this subject or…
2Cited by10 opinions
- New England Fire & Marine Insurance v. RobinsonIndiana Supreme Court · 1865
- Samuels v. OliverIllinois Supreme Court · 1889
- Carpenter v. McClureSupreme Court of Vermont · 1866
- Clarke v. Omaha & Southwestern RailroadNebraska Supreme Court · 1877
- McNamee v. BuckSupreme Court of Vermont · 1856
5 more not listed; retrieve them via the Exa API.