Clifford v. Richardson
Supreme Court of Vermont
Trespass on the Case. The plaintiff alleged in his declaration, that the defendant, December 1, 1839, professed to be a mill wright, and, as such, agreed to construct and put into the plaintiff’s saw mill all necessary gearing and machinery, in a good workmanlike manner ; but that the defendant put the machinery into the mill in so unskilful a manner, that the same was of little or no value to the plaintiff, whereby for a long space of time, to wit, one year, the plaintiff…
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Trespass on the Case. The plaintiff alleged in his declaration, that the defendant, December 1, 1839, professed to be a mill wright, and, as such, agreed to construct and put into the plaintiff’s saw mill all necessary gearing and machinery, in a good workmanlike manner ; but that the defendant put the machinery into the mill in so unskilful a manner, that the same was of little or no value to the plaintiff, whereby for a long space of time, to wit, one year, the plaintiff lost the use and profit of the mill, and was put to great expense in repairing and altering the machinery. The second…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
After a cause has been referred by rule of court and a trial had before the referee, it is too late, upon the coming in of his report, to question the legal sufficiency of the declaration. Jewell v. Catlin, Brayt. 215. At that stage of the case the court is only to be satisfied, that the referee has confined himself to the cause of action, on which the declaration is founded. It is considered, that the entire cause of action, upon its merits, is referred, and not any mere issue made by the pleadings, unless the terms of reference are so…
2Cases cited3 opinions
- M'Kee v. NelsonNew York Supreme Court · 1825
- Eddy v. SpragueSupreme Court of Vermont · 1838
- Shepherd v. WorthingSupreme Court of Vermont · 1826
3Cited by31 opinions
- State v. PikeSupreme Court of New Hampshire · 1870
- Abbott v. GatchCourt of Appeals of Maryland · 1859
- Graham v. Pennsylvania Co.Supreme Court of Pennsylvania · 1891
- Mayor of Milledgeville v. WoodSupreme Court of Georgia · 1901
- Houston v. Brush & CurtisSupreme Court of Vermont · 1894
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