Edwards v. Leavitt
Supreme Court of Vermont
Trespass for assault and battery. Pleas, the general issue, son assault demesne, and defence of the possession of a certain barn in Walden. Issue was joined on said pleas, and trial by jury, June term, 1873, Ross, J.-, presiding.
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Trespass for assault and battery. Pleas, the general issue, son assault demesne, and defence of the possession of a certain barn in Walden. Issue was joined on said pleas, and trial by jury, June term, 1873, Ross, J.-, presiding. It appeared that for about two years prior to July 27, 1870, the plaintiff and' defendant were each living on a farm in Walden, — the plaintiff occupying the upper, and the defendant the lower part of the house ; that there had been a dispute between the parties as to each other’s right to occupy said farm, and that in the spring of 1870, each commenced to till some…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
In view of the nature of the action and the various issues involved in the trial of the case before the jury, and the very general scope of the evidence in the case without objection, we cannot say that it was error to admit the evidence of the commencement and pendency of the suits in favor of this defendant against this plaintiff, growing out of the controversy as to the possession of the premises. This evidence appears to be of much the same character and tendency as other evidence in the case introduced without objection.
In relation to the…
2Cited by4 opinions
- Murphy v. HobbsSupreme Court of Colorado · 1884
- McQuiggan v. LaddSupreme Court of Vermont · 1906
- Niebyski v. WelcomeSupreme Court of Vermont · 1919
- Dubois v. RobySupreme Court of Vermont · 1911