Davis v. Field
Supreme Court of Vermont
Assumpsit on note. Pleas, general issue and Statute of Limitations. Pleard on a referee’s report and amendment thereto, December Term, 1882, Taft, J., presiding. Judgment for the defendant.
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Assumpsit on note. Pleas, general issue and Statute of Limitations. Pleard on a referee’s report and amendment thereto, December Term, 1882, Taft, J., presiding. Judgment for the defendant. It was found by the referee, that when the note in question was executed the defendant resided in another State; that the note was executed in this State; that subsequently’ the defendant came and resided here six years before the commencement of this action; that it did not appear affirmatively that the plaintiffs had knowledge of the defendant’s return, but that it was “open aud without concealment,” and…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
It is contended that the grand lists were not substantive evidence on the question of defendant’s residence in this State. Such is the law in Massachusetts: Mead v. Roborough, 11 Cush. 362; Commonwealth v. Heffron, 102 Mass. 148; Sewall v. Sewall, 122 Mass. 156. But we do .not find it necessary to decide that question here, because it appears from the supplemental report that the referee did not base his finding of defendant’s residence at all upon the lists as substantive evidence, but “ upon the testimony of Dudley and Strong, refreshed and…
2Cases cited12 opinions
- Sewall v. SewallMassachusetts Supreme Judicial Court · 1877
- Commonwealth v. FordMassachusetts Supreme Judicial Court · 1881
- Mattocks v. Lyman & ColeSupreme Court of Vermont · 1844
- Commonwealth v. HeffronMassachusetts Supreme Judicial Court · 1869
- Fowler v. HuntNew York Supreme Court · 1813
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3Cited by25 opinions
- Woodhouse v. Woodhouse Et Ux.Supreme Court of Vermont · 1925
- Kinsey v. State of ArizonaArizona Supreme Court · 1937
- State v. MagersOregon Supreme Court · 1899
- Green v. StateCourt of Criminal Appeals of Texas · 1908
- Griffin v. Boston & Maine RailroadSupreme Court of Vermont · 1913
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