Jenne v. Joslyn
Supreme Court of Vermont
Trover for a one liorse wagon. Plea, the general issue. Trial by jury, December term, Orleans county, 1866, Peck, J., presiding. The defendant admitted the taking of the wagon a few days after the plaintiff had attached and removed it.
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Trover for a one liorse wagon. Plea, the general issue. Trial by jury, December term, Orleans county, 1866, Peck, J., presiding. The defendant admitted the taking of the wagon a few days after the plaintiff had attached and removed it. The plaintiff, previous to the taking of the wagon by the defendant, had attached it as an authorized person, on a writ in favor of one Tolman Jenne against Joseph W. Steele, about the 80th of March, 1868. The suit was entered in court and judgment obtained for the plaintiff, and execution issued thereon and delivered to the plaintiff in season to preserve the…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
As no exception was taken to the charge, the only question is, whether the evidence that was objected to was admissible in any aspect of the case. It is of no consequence in what order evidence is introduced, so far as its ultimate legitimacy is concerned, provided, in its relation to the other evidence in the case, it is, in the end, pertinent to the issue. There is a single view of the case which seems to be decisive. The plaintiff claimed a right to the possession of the property by virtue of the attachment and execution named in the…
2Cases cited2 opinions
- State v. ThibeauSupreme Court of Vermont · 1858
- Ellis v. HowardSupreme Court of Vermont · 1845
3Cited by7 opinions
- Territory v. GotoHawaii Supreme Court · 1923
- F. R. Patch Manufacturing Co. v. Protection Lodge No. 215Supreme Court of Vermont · 1905
- Williams v. Norton Bros.Supreme Court of Vermont · 1908
- Quinn's Adm'rs v. HalbertSupreme Court of Vermont · 1884
- Hitchman Coal & Coke Co. v. MitchellSupreme Court of the United States · 1916
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