Legal Opinion

Reed v. Rice

Supreme Court of Vermont

Decided February 15, 1853PublishedCited by 4 opinions

Trespass, in which plaintiff claimed to recover the value of a pair of stags, alleged to have been taken from his possession by defendant, on the 20th day of May, 1850. Plea, the general issue, and notice, that defendant will give in evidence, and rely upon in defence and justification of the supposed trespass, the following special matters, to wit: That one Milton Brown, of Pawlet, in the county of Rutland, was the lawful owner and possessor of the said stags at the time…

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Trespass, in which plaintiff claimed to recover the value of a pair of stags, alleged to have been taken from his possession by defendant, on the 20th day of May, 1850. Plea, the general issue, and notice, that defendant will give in evidence, and rely upon in defence and justification of the supposed trespass, the following special matters, to wit: That one Milton Brown, of Pawlet, in the county of Rutland, was the lawful owner and possessor of the said stags at the time they were taken, and for a long time previous thereto. That on the 20th day of May, 1850, one Jacob Edgerton, of Rutland,…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, Ch. J.

Questions in regard to the rejection of witnesses, by reason of interest, have not been much favored of late, in courts where the trial of actions is had. In Shipton v. Thornton, 9 A. & E. 327, Lord Ch. J. Denman says, and very justly we think, “ objections on the score of interest are not to be favored. The safe rule is, to admit the witness, whenever there is doubt of the fact.”

But in a court of error, after the trial is closed, and the witness has been rejected, or his testimony excluded, the rule of presumption is somewhat changed.…

2Cases cited3 opinions

  1. Carpenter v. HollisterSupreme Court of Vermont · 1841
  2. Administrator of Seymour v. BeachSupreme Court of Vermont · 1832
  3. Gilson v. GilsonSupreme Court of Vermont · 1844

3Cited by4 opinions

  1. Walnut Ridge Mercantile Co. v. CohnSupreme Court of Arkansas · 1906
  2. Sneider v. Big Horn Milling Co.Wyoming Supreme Court · 1921
  3. Alger v. Andrews & BaldwinSupreme Court of Vermont · 1875
  4. Walnut Ridge Mercantile Co. v. CohnSupreme Court of Arkansas · 1906

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