Town of Lyndon v. Belden
Supreme Court of Vermont
Trespass for a colt. Plea, not guilty and trial by jury. On the trial in the county court, the plaintiffs introduced testimony tending to prove that the overseers of the poor of ’ the town of Lyndon, in the fall or winter of the year 1839— 40, were notified by the overseers of the poor of the town of Burke that one Josiah Jones had become chargeable to that town, and that his legal settlement was in the town of Lyndon ; that the overseers of Lyndon examined into the case,…
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Trespass for a colt. Plea, not guilty and trial by jury. On the trial in the county court, the plaintiffs introduced testimony tending to prove that the overseers of the poor of ’ the town of Lyndon, in the fall or winter of the year 1839— 40, were notified by the overseers of the poor of the town of Burke that one Josiah Jones had become chargeable to that town, and that his legal settlement was in the town of Lyndon ; that the overseers of Lyndon examined into the case, and assumed the burden of supporting the pauper ; that he remained at Burke until April, 1840, when the overseers of…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
From the intimation of the county court as to what their instructions would be to the jury, and the defendants having thereupon submitted to a verdict, this, case is to be considered as if the the jury had found all the facts and positions established, alluded to in the instructions which the. court intimated they should give. That there was evidence tending to prove the positions taken by the court, no one can doubt. Of the sufficiency and credibility of that testimony, if questioned, the jury should have been made the judges. It has been-…
2Cited by2 opinions
- Hall v. ParsonsSupreme Court of Vermont · 1845
- Allen v. KnowltonSupreme Court of Vermont · 1875