Legal Opinion

Hurlbut v. Green

Supreme Court of Vermont

Decided November 15, 1869PublishedCited by 6 opinions

Trespass and Trover joined to recover the value of a horse. Plea, the general issue. Trial by jury, June term, 1869, Caledonia county, Steele, J., presiding. This cause was remanded from the supreme court for a new-trial, and a new trial was had, upon substantially the same evidence as before. The facts are fully and correctly stated in the report of the case in the 41st of Vt.

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Trespass and Trover joined to recover the value of a horse. Plea, the general issue. Trial by jury, June term, 1869, Caledonia county, Steele, J., presiding. This cause was remanded from the supreme court for a new-trial, and a new trial was had, upon substantially the same evidence as before. The facts are fully and correctly stated in the report of the case in the 41st of Vt. Reports, page 470. On this trial the defendant offered to prove that the plaintiff returned no list in Danville, and was not taxed in that town in 1866. This evidence was objected to by the plaintiff, and excluded by…

1Opinion of the Court

The opinion of the court was delivered by

Prout, J.

On the trial of this case, the defendant offered to prove that the plaintiff returned no list in the town of Danville in 1866, and was not taxed in that town. This evidence, on the plaintiff’s objection, was excluded.

The question upon which the parties were at issue is one of domicil, or whether on'the 1st of April, 1866, the plaintiff was an inhabitant of Waterford for purposes of taxation, or whether at that time he was an inhabitant of Danville. This question involves not only the fact of an actual residence of the party, but the intent…

2Cases cited4 opinions

  1. Hulett v. HulettSupreme Court of Vermont · 1865
  2. Hurlburt v. GreenSupreme Court of Vermont · 1868
  3. Wheelock v. ArcherSupreme Court of Vermont · 1854
  4. Downer v. WoodburySupreme Court of Vermont · 1847

3Cited by6 opinions

  1. Town of Brattleboro v. Carpenter Tr.Supreme Court of Vermont · 1932
  2. Meserve v. FolsomSupreme Court of Vermont · 1890
  3. Fulham v. HoweSupreme Court of Vermont · 1888
  4. Brush v. WatsonSupreme Court of Vermont · 1908
  5. Smith v. StannardSupreme Court of Vermont · 1908

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