Elkins v. Hamilton
Supreme Court of Vermont
Trespass for taking a quantity of hay. Plea, the general issue, with notice of special matter of defence, and trial by jury, June Term, 1847, — Davis, J., presiding.
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Trespass for taking a quantity of hay. Plea, the general issue, with notice of special matter of defence, and trial by jury, June Term, 1847, — Davis, J., presiding. On trial the plaintiff gave ' evidence tending to prove, that one Bradley Sanborn hired of one Upton, February 22, 1844, a farm in Jay, called the Burt farm, and took a written lease for one year ; that Sanborn then leased the house and garden upon the farm to one Putnam, .who occupied them until late in the autumn of 1844, as tenant under Sanborn; that in March, 1844, Bradley Sanborn hired one Enoch Sanborn to carry on the farm,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The only question in the present case, upon which there seems to be any doubt of the correctness of the trial in the court below, is in regard to the declarations of Enoch Sanborn, which the court admitted, as a part of the res gestes. The court were no doubt right in regarding his naked declarations as not being competent evidence ; and equally correct in admitting them, when made in connection with his acts, which became controverted matters in the trial. There is no way of determining the true character of an equivocal act, but by the…
2Cited by12 opinions
- State v. MontgomerySupreme Court of Kansas · 1871
- Hamilton v. StateIndiana Supreme Court · 1871
- Comstock's Admr. v. JacobsSupreme Court of Vermont · 1915
- King v. KerseyIndiana Supreme Court · 1850
- Douglass & Varnum v. Village of MorrisvilleSupreme Court of Vermont · 1915
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