Legal Opinion

Berry v. Doolittle

Supreme Court of Vermont

Decided October 12, 1909PublishedCited by 5 opinions

Trover for the conversion of $300 in money. Plea, the general issue. Trial by jury at the September Term, 1908, Windsor County, Miles, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion states the case. If counsel persevere in arguing upon facts not before the jury or appealing to prejudice foreign to the case in evidence exception may be taken by the other side.

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Trover for the conversion of $300 in money. Plea, the general issue. Trial by jury at the September Term, 1908, Windsor County, Miles, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion states the case. If counsel persevere in arguing upon facts not before the jury or appealing to prejudice foreign to the case in evidence exception may be taken by the other side. State v. Hanmble, 54 Vt. 83; George v. Swafford, 75 Iowa 491; Rudolph v. Landwerlen, 92 Ind. 34; Rea v. Harrington, 58 Vt. 181; Brown v. Swineford, 44 Wis. 282; Douglass v. Carr, 80 Vt. 392;…

1Opinion of the CourtITaselton, J.

This case is trover. A trial by jury was had and verdict and judgment went for the plaintiff.

Upon the taking of a noon recess, while the jury were retiring from the court room and were in the rear part of the room, counsel for the plaintiff asked the privilege of examining certain exhibits of the defendant, and said: “We expect they are forgeries.” The defendant’s counsel excepted to the re*473mark on the ground that it was made while the jury were in the room. Counsel for the plaintiff then stated that they did not know that the jury were in the room. Upon the coming in of the jury in the…

2Cases cited6 opinions

  1. State v. ScampiniSupreme Court of Vermont · 1904
  2. Hathaway v. GoslantSupreme Court of Vermont · 1905
  3. Willard v. GoodenoughSupreme Court of Vermont · 1858
  4. State v. BedardSupreme Court of Vermont · 1892
  5. Administrator of Hopkinson v. SteelSupreme Court of Vermont · 1840

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. In re Estate of MartinSupreme Court of Vermont · 1918
  2. Howard v. Delaware & H. Canal Co.U.S. Circuit Court for the District of Vermont · 1889
  3. Dubois v. RobySupreme Court of Vermont · 1911
  4. In Re Sawyer's WillSupreme Court of Vermont · 1930
  5. State v. SnyderSupreme Court of Vermont · 1913

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