Legal Opinion

Allen v. Fuller

Supreme Court of Vermont

Decided March 15, 1838PublishedCited by 5 opinions

This was an action of trespass for an assault and battery and false imprisonment. The defendant pleaded the general issue.

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This was an action of trespass for an assault and battery and false imprisonment. The defendant pleaded the general issue. On the trial in the county court, the plaintiff gave evidence tending to prove that, On the day of the alleged trespass, the defendant, Fuller, passed into Canada, where the plaintiff resided, procured a warrant from a justice of the peace for the arrest of the plaintift on a charge of theft, with the intention, as the plaintiff alleged, of bringing him into the State of Vermont under color of said warrant; that the warrant was delivered to an officer, by the magistrate…

1Opinion of the Court

The opinion of the Court was delivered by

Collamer, J.

*,If the plaintiff proved either count in his dec* laration,against either defendant, he was entitled to a verdict. The rules of evidence and pleading arc in strict accordance and consistency,and constitute a system the symmetry of which,in the action of trespass, has not been destroyed by any modern relaxations or exceptions in the science of special pleading. The party is bound to prove what he alleges, so far as the same is denied, and he tg neither bound,nor permitted to prove more.

In the first count, the plaintiff alleges a forcible…

2Cited by5 opinions

  1. Poole v. Massachusetts Mutual Accident Ass'nSupreme Court of Vermont · 1902
  2. Briggs v. MasonSupreme Court of Vermont · 1859
  3. Kennett v. TudorSupreme Court of Vermont · 1911
  4. Walker v. HitchcockSupreme Court of Vermont · 1847
  5. Reynolds v. ChynowethSupreme Court of Vermont · 1895

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