Downer v. Flint
Supreme Court of Vermont
Trover for fifty sheep, originally commenced before a justice and brought into the county court by appeal. Plea, the general issue; trial by jury, May Term, 1855, — Underwood, J., presiding.
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Trover for fifty sheep, originally commenced before a justice and brought into the county court by appeal. Plea, the general issue; trial by jury, May Term, 1855, — Underwood, J., presiding. The plaintiff’s testimony tended to prove that the sheep in question belonged to and were bailed by him to one Sylvanus Chamberlin, as whose property they were attached, by the defendant Ellsworthj upon a writ in favor of the defendant Flint, and placed in Flint’s possession, from whom the plaintiff demanded them, and that Flint refused to let the plaintiff have them unless he would buy and pay for them;…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, Ch. J.
I. The decision in regard to costs seems to us correct. Each defendant, in actions of tort, has been treated as a distinct party in the suit, until by joining in a plea in bar, with others, or in some other way, he so identified his interests with others, that the success of the defense, as to each one, depended upon its success, as to all. This will entitle them to tax separate travel and' attendance, before the justice, and separate travel and term fees, in the county court., ' The attorney fee is given, on account of the trial, and…
2Cited by1 opinion
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