Randall v. Preston
Supreme Court of Vermont
Tbespass and trover for a horse, taken from the plaintiff’s intestate. Plea, general issue, with notice of justification. Trial by the jury, June Term, 1879, Caledonia County, Ross, J., presiding.
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Tbespass and trover for a horse, taken from the plaintiff’s intestate. Plea, general issue, with notice of justification. Trial by the jury, June Term, 1879, Caledonia County, Ross, J., presiding. The notice was of reliance on the following : On the 13th day of Jan., A. D. 1873, Oscar F. Merrill, of Cabot, took out a justice writ against Ebenezer Thompson, returnable on the 30th day of January, A. D. 1873, before M. P. Wallace, a jus tice of the peace, at the office of J. P. Lamson, in Cabot, in an action on a note, which writ was put into the hands of 'W. H. Preston, this defendant, who was…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The report of the commissioners on the estate of A. B. Thompson had not been recorded at the time of the trial, and hence the only evidence that could be legally admitted to show what the action of the commissioners had been, would be the report made by them to the Probate Court, if it could be obtained. The report was the best evidence in existence of the facts contained in it. In Lowry v. Cady, 4 Vt. 504, it having been ascertained that a judgment had not been recorded, the files and docket minutes were admitted as evidence of a judgment and…
2Cases cited3 opinions
- Lowry v. CadySupreme Court of Vermont · 1832
- Dean v. Lestina L. Dean's EstateSupreme Court of Vermont · 1871
- Edwards v. HarringtonSupreme Court of Vermont · 1872
3Cited by6 opinions
- State v. BurpeeSupreme Court of Vermont · 1892
- Gilfillan v. Gilfillan's EstateSupreme Court of Vermont · 1916
- In Re Warner's EstateSupreme Court of Vermont · 1925
- Lee v. FollensbySupreme Court of Vermont · 1909
- Cootey v. RemingtonSupreme Court of Vermont · 1937
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