Bullard v. Brown
Supreme Court of Vermont
App^aIy in chancery. Heard on master’s report and orator’s exceptions thereto', at the June Term, 1901, Tyler, Chancellor, presiding. Exceptions overruled and bill dismissed. The orator appealed. The justice had full authority to allow the ad damnum in the suit at law to be raised. V. S. 1148; Harris v. Belden, 48 Vt. 478; Whitney v. Sears, 16 Vt. 587; Ency. PI. & Pr. 586. If raising the ad damnum was an irregularity, the court of chancery should correct the judgment.
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App^aIy in chancery. Heard on master’s report and orator’s exceptions thereto', at the June Term, 1901, Tyler, Chancellor, presiding. Exceptions overruled and bill dismissed. The orator appealed. The justice had full authority to allow the ad damnum in the suit at law to be raised. V. S. 1148; Harris v. Belden, 48 Vt. 478; Whitney v. Sears, 16 Vt. 587; Ency. PI. & Pr. 586. If raising the ad damnum was an irregularity, the court of chancery should correct the judgment. Stevens v. Fisher, 30 Vt. 200; Collins v. Merriam, 31 Vt. 622; Hamilton v. Wilder, 31 Vt. 695; Porter v. Gile, 47 Vt. 620.…
1Opinion of the CourtStanford, J.
The defendant, Chester Brown, finding himself at the age of eighty-one years, alone in the world and in need of some one to keep his house and take care of him, told the defendant Betsey, a maiden lady of sixty-two' years, that if she would be his wife he would give her everything he had, including his home place worth about $1,200; that there was a mortgage on it for $225, and that that was all he owed. All of which was strictly true, except that he owed the orator, a lawyer, for services in a chancery suit then on the docket, some $38, and that the orator was surety for costs in his behalf…
2Cases cited7 opinions
- Reade v. LivingstonNew York Court of Chancery · 1818
- Lloyd v. FultonSupreme Court of the United States · 1876
- Deshon v. WoodMassachusetts Supreme Judicial Court · 1888
- E. Corey & Co. v. MorrillSupreme Court of Vermont · 1898
- Carter v. Worthington & SmithSupreme Court of Alabama · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Howard Bank v. Lotus-Duvet Co.Supreme Court of Vermont · 1992