Sartwell v. Sowles
Supreme Court of Vermont
Trespass. Pleas, tbe general issue, liberum tenementum and justification under legal process. Trial by jury, Franklin County, September Term, 1898, Tyler, J., presiding. Yerdict and judgment for tbe plaintiff. Tbe defendants excepted. Before tbe case came on for trial a motion to dismiss for want of jurisdiction was beard and overruled. It appeared by tbe writ and was conceded that tbe date of tbe writ bad been altered.
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Trespass. Pleas, tbe general issue, liberum tenementum and justification under legal process. Trial by jury, Franklin County, September Term, 1898, Tyler, J., presiding. Yerdict and judgment for tbe plaintiff. Tbe defendants excepted. Before tbe case came on for trial a motion to dismiss for want of jurisdiction was beard and overruled. It appeared by tbe writ and was conceded that tbe date of tbe writ bad been altered. On evidence received subject to objection, the court found that the blank writ was filled out on June 7,1898 and that date inserted, but that the recognizance was taken by tbe…
1Opinion of the CourtWatson, J.
The evidence to show the true date of the writ was admissible, and the motion to dismiss, for want of jurisdiction, was properly overruled. Hopkins v. School District, 27 Vt. 281.
After the plaintiff had been in possession of the farm for more than two years, carrying it on under his contract, defendant Sowles, as administrator of the estate of ■ William L. Sowles, brought his action of ejectment in the statutory form— not a justice ejectment under the forcible entry and detainer act,— against the plaintiff, returnable before a justice of the peace, but in the declaration his seisin and…
2Cases cited16 opinions
- Jakeway v. BarrettSupreme Court of Vermont · 1865
- People Ex Rel. Union Insurance Co. of Philadelphia v. NashNew York Court of Appeals · 1888
- Carleton v. TaylorSupreme Court of Vermont · 1877
- Battell v. MatotSupreme Court of Vermont · 1885
- Day v. Essex County BankSupreme Court of Vermont · 1841
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3Cited by27 opinions
- Bernhardt v. Polygraphic Co. of America, Inc.Supreme Court of the United States · 1956
- Platt v. ShieldsSupreme Court of Vermont · 1923
- Wellman v. MeadSupreme Court of Vermont · 1919
- Darling v. EnnisSupreme Court of Vermont · 1980
- Goodell v. TowerSupreme Court of Vermont · 1904
22 more not listed; retrieve them via the Exa API.