Martyn v. Curtis
Supreme Court of Vermont
Ejectment. Plea, the general issue. Trial by court at the June term, 1895, Orange county, Rowell, J., presiding. Judgment for the defendant. The plaintiff excepts. One David Adams owned a portion of the proporty in dispute from 1805 to 1823. In i860 Adams died.
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Ejectment. Plea, the general issue. Trial by court at the June term, 1895, Orange county, Rowell, J., presiding. Judgment for the defendant. The plaintiff excepts. One David Adams owned a portion of the proporty in dispute from 1805 to 1823. In i860 Adams died. The plaintiff offered to show that some few years before his death, and after he had ceased to have any interest in the land, one Harriman, who was then the owner of the land, had a talk with Adams, in the course of which Adams told him that he should not have bought the ten-acre piece, which was a part of the plaintiff’s land, had it…
1Opinion of the CourtTaft, J.
The plaintiff insists upon four questions :
I. That he was denied a trial by jury. To entitle a party in a civil cause to a trial by jury he must set it for trial, under county court rule No. 22. Failing this, the cause is for trial by court, if the adverse party so sets it for trial. Jones v. Spear, 21 Vt. 426. The cause was set for trial by the court, by the defendant, and he was entitled to such trial.
II. One of the assistant judges who sat in the trial below was a member of the court which tried a case in trespass, concerning the property in question in this suit, and objection was made to…
2Cases cited3 opinions
- Wood v. WillardSupreme Court of Vermont · 1864
- Jones v. SpearSupreme Court of Vermont · 1849
- Powers v. SilsbySupreme Court of Vermont · 1868
3Cited by7 opinions
- In Re Estate of DolbeerCalifornia Supreme Court · 1908
- Crowley, Milner & Co. v. MacOmb Circuit JudgeMichigan Supreme Court · 1927
- Muzzy v. CurtisSupreme Court of Vermont · 1969
- Brennen v. Mogul Corp.Supreme Court of Vermont · 1988
- State v. JurrasSupreme Court of Vermont · 1923
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