Legal Opinion

State v. Estabrooks

Supreme Court of Vermont

Decided January 15, 1898PublishedCited by 2 opinions

Indictment for perjury. Heard on demurrer to the indictment at the December Term, 1897, Caledonia County, Thompson, J., presiding. cited Clark’s Crim.

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Indictment for perjury. Heard on demurrer to the indictment at the December Term, 1897, Caledonia County, Thompson, J., presiding. cited Clark’s Crim. Pro. pp. 156,157, note 87 and cases cited: State v. Collins, 62 Vt. 195; Stale v. McCone, 59 Vt. 118; State v. Reach, 40 Vt. 118; State v. Doherty, 103 Mass. 443; Rex v. Aylett, 1 T. R. 63, 69; Reg. v. Thomas, 2 Car. & Kir. 806; State v. Powell, 28 Tex. 626; Dodge v. State, 24 N. J. L. 455; Carpenter v. State, 4 How 163: 34 Am. Dec. 116; SacoY. Wentworth, 37 Me. 165; State v. Anderson, 103 Ind. 170; State v. Reynolds, 108 Ind. 353; State v.…

1Opinion of the CourtTyler, J.

This indictment is based upon § 5080, V. S., which must be construed to include affidavits to chattel mortgages.

The purpose for which such a mortgage is given under § 2252 is, that the mortgagor may give the mortgagee security upon the personal property described in the mortgage, for the payment of the debt described in the condition thereof, the mortgagor retaining possession of the property until the condition is broken. By § 2253 the parties are required to make and subscribe an affidavit, in substance, that the mortgage is made for the purpose of securing the debt specified, and for no…

2Cited by2 opinions

  1. State v. LawrenceSupreme Court of Vermont · 1976
  2. State v. DowSupreme Court of Vermont · 1902

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