Tufts v. Town of Chester
Supreme Court of Vermont
General assumpsit. Plea, tbe general issue. Tiial by jury ■At the May Term, 1889, Yeazey, J., presiding. Yerdiet and judgment for tlie plaintiff. Exceptions by the defendant. The defendant excepted to the action of the court below in .admitting some and excluding other testimony,, the nature of •which sufficiently appears in the opinion. It further excepted to the action of the court in denying its-motion to set aside the verdict.
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General assumpsit. Plea, tbe general issue. Tiial by jury ■At the May Term, 1889, Yeazey, J., presiding. Yerdiet and judgment for tlie plaintiff. Exceptions by the defendant. The defendant excepted to the action of the court below in .admitting some and excluding other testimony,, the nature of •which sufficiently appears in the opinion. It further excepted to the action of the court in denying its-motion to set aside the verdict. The plaintiff claimed to recover for her services in caring foiher infirm pauper mother from August, 1882, until April 25,, 1887. The father and mother of the…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
Whatever tends to render a claimed fact probable or improbable is relevant to show whether the fact exists or not. Thus, the question being whether the 'plaintiffs intestate 'had a lien on defendant’s horse for his keep, defendant was allowed to show that at the time of the claimed contract of lien the intestate was largely indebted to him, as tending to render the making of such contract less probable. Randall v. Preston, 52 Vt. 198.
The fact that children had promised to regard the expressed wishes of their mother in the division of her…
2Cases cited5 opinions
- Stone v. TupperSupreme Court of Vermont · 1886
- Randall v. PrestonSupreme Court of Vermont · 1879
- Reed v. ReedSupreme Court of Vermont · 1884
- Worcester v. BallardSupreme Court of Vermont · 1865
- Noyes v. FitzgeraldSupreme Court of Vermont · 1883
3Cited by3 opinions
- Gilfillan v. Gilfillan's EstateSupreme Court of Vermont · 1916
- Davis v. RandallSupreme Court of Vermont · 1911
- State v. VadneySupreme Court of Vermont · 1936