Legal Opinion

Motley v. Head

Supreme Court of Vermont

Decided February 15, 1871PublishedCited by 6 opinions

General assumpsit, with specification. Plea non assumpsit and offset. Trial by jury,'May term, 1870, Barrett, J., presiding.

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General assumpsit, with specification. Plea non assumpsit and offset. Trial by jury,'May term, 1870, Barrett, J., presiding. The plaintiff gave evidence tending to show that the defendant’s wife owned a farm in Windsor, on which she, with her husband and family, had been living several years, and which he had carried on, and on which were the customary stock and farming tools belonging to the defendant; that early in January, 1868, the defendant, on account of dissipation, went to the asylum for such folks at Northampton, Mass., and remained there till April, 1869, and then went back to said…

1Opinion of the Court

The opinion of the court was delivered by

Ross, J.

The first question raised is in respect to the admissibility of the deposition of the defendant’s wife. The plaintiff offered her deposition, “ which was admitted and read, subject to objection for substance, but what the objection was, or for what reason, was not stated till the defendant presented written requests for a charge on that subject, nor was exception taken till after the charge was given.” The defendant requested the court to charge “ that Mrs. Head’s testimony cannot be received in order to show that she was made the agent of her…

2Cited by6 opinions

  1. Topeka Water-Supply Co. v. RootSupreme Court of Kansas · 1895
  2. Fetterley v. RandallCalifornia Court of Appeal · 1928
  3. Stannard v. Burns' Admr.Supreme Court of Vermont · 1891
  4. Blaisdell v. HolmesSupreme Court of Vermont · 1875
  5. Stannard v. Burns' Admr.Supreme Court of Vermont · 1891

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