Legal Opinion

Newell v. Town of Whitingham

Supreme Court of Vermont

Decided October 15, 1885PublishedCited by 8 opinions

Assumpsit. Plea, general issue with notice. Trial by jury, March Term, 1884, Windham County, Ro.well, J., presiding. Judgment for defendant. The court pro forma directed a verdict for the defendant, that the question' might be settled by the Supreme Court.

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Assumpsit. Plea, general issue with notice. Trial by jury, March Term, 1884, Windham County, Ro.well, J., presiding. Judgment for defendant. The court pro forma directed a verdict for the defendant, that the question' might be settled by the Supreme Court. But in doing this, the court stated: “ We think that there is no ground for saying that Mr. Newell acted in this matter otherwise than in the utmost good faith and honesty, and that he really and honestly entertained the doubts and scruples that he said he did.” The words “to my best knowledge and belief” were inserted in the oath just…

1Opinion of the Court

The opinion of the court was delivered by

Veazey, J.

The listers of the defendant town were satisfied with the inventory of the plaintiff as filled out and tendered by him, with the exception of the interlineation in the oath, and for this reason only refused to receive it and administer the oath.- The inteidineation was in the words, “to my best knowledge and belief.” By sec. 4 of No. 78, of the Acts of 1880, it was provided as follows: “Said inventories shall also contain the following oath,” then followed the form just as printed in the blank inventory, and in which said interlineation was…

2Cited by8 opinions

  1. Dull v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Court of Appeals · 1899
  2. Ex Parte PlaistridgeSupreme Court of Oklahoma · 1918
  3. In re CoteSupreme Court of Vermont · 1918
  4. State v. Burlington Drug Co.Supreme Court of Vermont · 1911
  5. Town of Brattleboro v. Carpenter Tr.Supreme Court of Vermont · 1932

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