Legal Opinion

Fuller v. Wright

Supreme Court of Vermont

Decided March 15, 1838PublishedCited by 6 opinions

This was an action on the case, for flowing plaintiff’s land. The writ was dated the 22d of November, 1836, and the declaration, after describing the land, as lying on Passumpsic river, stated that “ the defendant, intending, &c., hath ever “ since the 10th of November, 1832, maintained and kept “ up and continued a mill dam across said river, below said “ land, and, by means thereof, caused the waters of said “ river to overflow, &c,” — This suit “ and all injuries the “…

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This was an action on the case, for flowing plaintiff’s land. The writ was dated the 22d of November, 1836, and the declaration, after describing the land, as lying on Passumpsic river, stated that “ the defendant, intending, &c., hath ever “ since the 10th of November, 1832, maintained and kept “ up and continued a mill dam across said river, below said “ land, and, by means thereof, caused the waters of said “ river to overflow, &c,” — This suit “ and all injuries the “ plaintiff had sustained by said water overflowing his lands, “ from the date of his deed to the commencement of this “…

1Opinion of the Court

The opinion of the Court was delivered by

Williams, C. J.

This action was commenced in the county court and was by a rule of that court referred. The *514referees made a report which was accepted, and the question before us is, whether the county court erred in accepting the report and rendering judgment thereon, and, unless the error is upon a question of law apparent on the record, the judgment by them rendered must be affirmed.

Objections to a report of referees may be founded on matters intrinsicb, appearing on the record or in the report, as that the award was not in pursuance of the rule, or…

2Cited by6 opinions

  1. Allen's Admr. v. Allen's Admr.Supreme Court of Vermont · 1906
  2. Chaput v. LussierSupreme Judicial Court of Maine · 1932
  3. Thayer v. Central Vermont RailroadSupreme Court of Vermont · 1887
  4. Wilkinson's Admr. v. WilkinsonSupreme Court of Vermont · 1889
  5. Jonah v. ClarkSupreme Judicial Court of Maine · 1913

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