Administrator of Janes v. Martin
Supreme Court of Vermont
This was an action of trespass, for taking as the property of Henry N. Janes one double waggon, one single sleigh, one double harness and one single harness. Plea, not guilty.
Read the full summary
This was an action of trespass, for taking as the property of Henry N. Janes one double waggon, one single sleigh, one double harness and one single harness. Plea, not guilty. On trial, the plaintiff, to show title to the property in question, offered to prove by parol the following faGts : That Horace Janes,-in his life-time, took out an execution in his favor against the said Henry N. Janes, for about one hundred and thirty-seven dollars, signed by Jaqaes Davis, justice of the peace, issued on a judgment by confession of said Henry N.;—that said execution was delivered to one of these…
1Opinion of the Court
*96The opinion of the court was delivered by
Phelfs, J.
That the execution, if to be found, or a copy duly authenticated, should have been produced, there is no doubt. But appears, in this case, that the secondary or parol proof of the existence and contents of the paper was received upon proof of its loss. Whether the proof of the loss was sufficient or not, it is not our province to determine. It was a matter of fact to be settled by the court below, upon such evidence as was satisfactory to them, and even if the evidence were unsatisfactory to us, it would furnish no legitimate ground for…
2Cited by4 opinions
- Wood v. DoaneSupreme Court of Vermont · 1848
- Austin v. SouleSupreme Court of Vermont · 1864
- Fitzpatrick v. PeabodySupreme Court of Vermont · 1878
- Probst v. Trustees of the Board of Domestic Missions of the General Assembly of the Presbyterian Church in the United StatesNew Mexico Supreme Court · 1885