Legal Opinion

Fuller v. Sears

Supreme Court of Vermont

Decided March 15, 1833PublishedCited by 1 opinion

This Was an action of trespass, for taking and driving, away a yoke of oxen, claimed by the plaintiff. Defendants plead the General Issue, and gave, notice that the oxen were taken on legal process as the property of John Fuller.

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This Was an action of trespass, for taking and driving, away a yoke of oxen, claimed by the plaintiff. Defendants plead the General Issue, and gave, notice that the oxen were taken on legal process as the property of John Fuller. Issue joined to the country, and tried June Term-1832. The plaintiff gave evidence tending to show, that his brother John Fuller, in the Spring of 1831, hired a farm of his father, William Fuller, for a year, then next; and bought the oxen in question, of Roger Enos, and gave his note to said Enos, to pay him $75,50, for said oxen; that said John Fuller kept said…

1Opinion of the Court

The opinion of the Court Was pronounced by

Baylies, J.

The first enquiry is, was it admissible for the plaintiff to prove, “ that the said Clement had no merits in his said action, which he commenced against the said John.” It would have been a novelty to have tried the merits of that action in this suit. It cannot be supposed, that the defendants came to Court with art expectation to go into a trial of that action to ascertain, whether it had merits, or not. The law required no such thing. It was sufficient, if said Clement was a creditor of said John, prima fade, without his showing the…

2Cases cited4 opinions

  1. Hamilton v. RussellSupreme Court of the United States · 1803
  2. Edgell v. LowellSupreme Court of Vermont · 1832
  3. Mott v. McNielSupreme Court of Vermont · 1826
  4. Weeks v. WeadSupreme Court of Vermont · 1826

3Cited by1 opinion

  1. E. Corey & Co. v. MorrillSupreme Court of Vermont · 1898

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