Stearns v. Warner
Supreme Court of Vermont
THE action below was an action of trover for a horse, which was brought by appeal from a justice of the peace, to Franklin county court. On the trial there, the plaintiff below recovered ajudgment, whereupon the defendant below tendered the following bill of exceptions, which was allowed by the judges, and made a part of the record ; but the deposition therein referred to, was not embodied in the record.
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THE action below was an action of trover for a horse, which was brought by appeal from a justice of the peace, to Franklin county court. On the trial there, the plaintiff below recovered ajudgment, whereupon the defendant below tendered the following bill of exceptions, which was allowed by the judges, and made a part of the record ; but the deposition therein referred to, was not embodied in the record. On trial, the plaintiff offered in evidence the deposition of Sophrona Walton, which is made a part of the case. The defendant objected, on the ground that the evidence was altogether…
1Opinion of the CourtHutchinson, J.
after stating the case, delivered the following opinion of the Court.
From the foregoing statement of facts, there is no doubt but the plaintiff in error, the original defendant, is liable for the return of the horse upon his contract, or order, as it is termed, and if the plaintiff has not the order, or if Carpenter or the defendant has the possession of it, that can have no other effect than to entitle the plaintiff to secondary testimony to prove Steams1 contract with him.
It is equally certain, that Carpenter has converted the horse, so that trover would lie against him. If Warner would…
2Cited by2 opinions
- Duffee v. PenningtonSupreme Court of Alabama · 1840
- In re Weber Furniture Co.U.S. Circuit Court for the District of Eastern Michigan · 1876