Legal Opinion

Briggs v. Oaks

Supreme Court of Vermont

Decided December 15, 1853PublishedCited by 15 opinions

Replevin for 24 yearlings. The cases were referred under a rule of court, by agreement of the parties, “ to be decided according to law,” to referees, who reported substantially the following facts: That the plaintiff owned a farm in Richmond, with the stock and tools thereon, which he leased to one Jonathan and John G. Taggart for the term of two years from April first, 1849. That the contract as to the lease and its provisions was a verbal one, but the parties referred to…

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Replevin for 24 yearlings. The cases were referred under a rule of court, by agreement of the parties, “ to be decided according to law,” to referees, who reported substantially the following facts: That the plaintiff owned a farm in Richmond, with the stock and tools thereon, which he leased to one Jonathan and John G. Taggart for the term of two years from April first, 1849. That the contract as to the lease and its provisions was a verbal one, but the parties referred to a previous written lease between plaintiff and one Stearns, as containing substantially the terms of the Contract…

1Opinion of the Court

The opinion of the court was delivered by

Redeield, Ch. J.

These two actions were referred' by rule of court, to be decided according to law. It is said in Davis v. *144Campbell, 23 Vt. 236, that this limitation, in the rule of reference, upon the power of the referee, is to be referred to the merits of the case, rather than the form of the issue. And in Eddy v. Sprague, 10 Vt. 216, it is considered, that when a case is referred, the referee may decide the case upon its merits upon any state of the evidence, which could be admitted by any amendment in the power of the court to grant. The same rule…

2Cases cited5 opinions

  1. Smith v. AtkinsSupreme Court of Vermont · 1846
  2. Swift v. MoseleySupreme Court of Vermont · 1838
  3. Eddy v. SpragueSupreme Court of Vermont · 1838
  4. Davis v. CampbellSupreme Court of Vermont · 1851
  5. Maxfield v. ScottSupreme Court of Vermont · 1845

3Cited by15 opinions

  1. Farnum v. HefnerCalifornia Supreme Court · 1889
  2. Vermont Acceptance Corp. v. WiltshireSupreme Court of Vermont · 1931
  3. Whiting v. AdamsSupreme Court of Vermont · 1894
  4. Bellows v. WellsSupreme Court of Vermont · 1864
  5. Gray v. StevensSupreme Court of Vermont · 1855

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