Brainard v. Burton
Supreme Court of Vermont
This was an action of Trespass originally commenced at the County Court, and there tried on the general issue. Upon the trial ofthp case before the jury, the opinions and charge of the Court were made the subject of a Bill of exceptions, upon which the ease now comes up to this Court for further adjudication. Most of the facts set forth in the Bill of Exceptions are sufficiently stated in th opinion of the Court for a full apprehension of the case.
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This was an action of Trespass originally commenced at the County Court, and there tried on the general issue. Upon the trial ofthp case before the jury, the opinions and charge of the Court were made the subject of a Bill of exceptions, upon which the ease now comes up to this Court for further adjudication. Most of the facts set forth in the Bill of Exceptions are sufficiently stated in th opinion of the Court for a full apprehension of the case. Here it will be necessary merely to state that the property for which this suit was commenced was taken by one of the defendant’s as agent and the…
1Opinion of the CourtBaylies, J.
The plaintiffs have brought their action of Trespass against the defendants for taking thirty bushels of ears of corn, which the plaintiffs allege was their property and in their possession when taken. The defendants pleaded the general issue, not guilty, with notice of special matter to be given in evidence.
The plaintiffs to maintain their action were bound to-show, that at the time when the injury was done, they had either the actual or constructive possession of the ears of corn; and also had either a general or qualified property in the same. 1 T. It. 480; 4 T. It. 490.
Now, do the facts…
2Cited by7 opinions
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- Taylor v. MooreSupreme Court of Vermont · 1890
- Moulton v. RobinsonSuperior Court of New Hampshire · 1853
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