Legal Opinion

Manwell v. Briggs

Supreme Court of Vermont

Decided January 15, 1845PublishedCited by 12 opinions

Trover for a note, describing it, and for a horse.. Plea, the general issue, and trial by jury. On trial there was found a fatal variance between the note offered in evidence and the declaration, and the trial proceeded as to the horse alone.

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Trover for a note, describing it, and for a horse.. Plea, the general issue, and trial by jury. On trial there was found a fatal variance between the note offered in evidence and the declaration, and the trial proceeded as to the horse alone. The plaintiff introduced evidence tending to prove that the plaintiff’s intestate, about the year 1835, held a note against one Hoyt, then residing in Western New York, for 865, dated in 1829; that the intestate agreed with one James Briggs, the defendant’s brother, who was then going to western New York, to take the note, and collect it, if he could, at…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

1. We think there is no doubt that the motion to dismiss the action for want of jurisdiction in the county court was correctly overruled. The case is the same, in principle, with that of Ladd v. Hill, 4 Vt. 164, and, in its facts, somewhat stronger than that case in favor of the jurisdiction of the county court.

2. We think the suit is well enough brought in the name of the plaintiff in her representative capacity. The administrator, under our statutes, which are much the same as the English Statute of 4 Edward III, c. 7, may sustain trover,…

2Cases cited2 opinions

  1. Ladd v. HillSupreme Court of Vermont · 1832
  2. Towle v. LovetMassachusetts Supreme Judicial Court · 1810

3Cited by12 opinions

  1. Dana v. LullSupreme Court of Vermont · 1849
  2. Shaw v. HallihanSupreme Court of Vermont · 1874
  3. Perrin v. GrangerSupreme Court of Vermont · 1860
  4. Dean v. Lestina L. Dean's EstateSupreme Court of Vermont · 1871
  5. Witters v. FosterUnited States Circuit Court · 1886

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