Legal Opinion

Adams v. Ellis

Supreme Court of Vermont

Decided December 15, 1825PublishedCited by 4 opinions

ON the trial below, in which there was a verdict and judgnient for the plaintiff there, the defendant filed the following bill of exceptions: Ellis vs. Adams. Chittenden County Court, February Term, 1824. This was an action of trover in the common form, for an iron bound waggon.

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ON the trial below, in which there was a verdict and judgnient for the plaintiff there, the defendant filed the following bill of exceptions: Ellis vs. Adams. Chittenden County Court, February Term, 1824. This was an action of trover in the common form, for an iron bound waggon. To prove the declaration, the plaintiff offered Paul Yarney, who swore, that in September, 18:9, he sold and delivered to the plaintiff, for 25 dollars, a waggon not ironed, and afterwards agreed with the plaintiff to get it ironed for him; that he engaged the defendant to iron it at the defendant’s shop, and told him…

1Opinion of the Court

The judgment of the Court was pronounced by

Hutchinson, J.

The plaintiff in error complains of errors in the judgment of the County Court, as described in his writ of error. It seems that exception was taken to the charge of the Court. And, to cause that to appear of record, a bill of exceptions was drawn, which recites certain testimony and depositions, and what the charge of the Court was, as to one particular at least; but does not aver, that what is recited was the whole testimony in the cause, nor alledge what points were litigated on trial; nor whether there was any request to the Court…

2Cited by4 opinions

  1. Proctor v. HartSupreme Court of Florida · 1854
  2. Brennen v. Mogul Corp.Supreme Court of Vermont · 1988
  3. Lamoureux v. Chromalloy Farm Systems, Inc.Supreme Court of Vermont · 1988
  4. Parmenter v. CoburnMassachusetts Supreme Judicial Court · 1856

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