Legal Opinion

Wheeler v. Wheeler

Supreme Court of Vermont

Decided January 26, 1905PublishedCited by 5 opinions

Justice Ejectment. Plea, the general issue. Trial by jury at the March Term, 1904, Washington County, Stafford, J., presiding. Verdict for the defendant, and judgment thereon. The plaintiff excepted. Besides the general verdict for the defendant, the jury found specially that the contract was as claimed by the defendant.

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Justice Ejectment. Plea, the general issue. Trial by jury at the March Term, 1904, Washington County, Stafford, J., presiding. Verdict for the defendant, and judgment thereon. The plaintiff excepted. Besides the general verdict for the defendant, the jury found specially that the contract was as claimed by the defendant. “The defendant claimed, and his evidence tended to show, that the contract under which he came to live with his mother was that he was to stay with her, carry on the place, and when she got through with it, he was h> have it; that he was to fix it up, and whatever he fixed he…

1Opinion of the CourtStart, J.

The action, commonly called “justice ejectment,” was returnable before a justice of the peace, and brought under V. S. 1560, which provides that, when a lessee of lands or tenements, whether the lease is by writing or parol, or when a person holding under such lease, holds possession of said demised premises without right, after the determination of the lease by its own limitation, or after breach of a stipulation contained in the lease by the lessee or a person holding under him, the person entitled to the possession of the premises may have from a justice a writ to restore him to the…

2Cases cited6 opinions

  1. Armstrong v. NobleSupreme Court of Vermont · 1883
  2. Amsden v. FloydSupreme Court of Vermont · 1888
  3. Davis v. HemenwaySupreme Court of Vermont · 1855
  4. Horan v. ThomasSupreme Court of Vermont · 1888
  5. Pitkin v. BurchSupreme Court of Vermont · 1875

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Seeley v. Central Vermont Railway Co.Supreme Court of Vermont · 1914
  2. Hinsman v. Marble Savings BankSupreme Court of Vermont · 1929
  3. Crawford v. JerrySupreme Court of Vermont · 1940
  4. Strengowski v. GomesSupreme Court of Vermont · 1970
  5. Trask v. FountainSupreme Court of Vermont · 1919

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