Isaacs v. Clark
Supreme Court of Vermont
Assumpsit, for use and occupation of lands in Eden. Plea, general issue, and trial by the jury. On the trial in the county court, it was admitted that the defendant took the premises of the plaintiff, some years since, and continued to occupy them under a contract to pay rent, up to a certain time, when the defendant claimed he had surrendered the premises to the plaintiff who had accepted the surrender, and let them to another person, who was still in possession.
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Assumpsit, for use and occupation of lands in Eden. Plea, general issue, and trial by the jury. On the trial in the county court, it was admitted that the defendant took the premises of the plaintiff, some years since, and continued to occupy them under a contract to pay rent, up to a certain time, when the defendant claimed he had surrendered the premises to the plaintiff who had accepted the surrender, and let them to another person, who was still in possession. The plaintiff on his part claimed that no such surrender was made, but that the defendant put the person in possession, who had…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
— It is at least a familiar principle of law, *694that, when a fact, appearing to have been put directly in issue on the face of the pleadings, is determined by a jury in one case, the verdict, when properly pleaded in a subsequent suit between the same parties, is conclusive as to the facts found by the verdict in the first case. This is by way of an estoppel ; and, it is usually said that, to give it this effect, it must be pleaded as an estoppel. It is, no doubt, true that where the party has an opportunity to plead the estoppel, he is bound…
2Cases cited2 opinions
- Kilheffer v. HerrSupreme Court of Pennsylvania · 1828
- Inhabitants of Nantucket v. CottonMassachusetts Supreme Judicial Court · 1817
3Cited by9 opinions
- Jones & Co. v. PeeblesSupreme Court of Alabama · 1900
- Capital Lumber Co. v. BarthMontana Supreme Court · 1905
- Perkins v. WalkerSupreme Court of Vermont · 1847
- Cutler Co. v. BarberSupreme Court of Vermont · 1919
- Eisenhauer v. QuinnMontana Supreme Court · 1907
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