Gale v. Lincoln
Supreme Court of Vermont
This was an action brought on a warranty of five hundred sheep. On the trial in the county court, the plaintiff offered evidence tending to show that the defendants had a large number of sheep to sell, in several flocks, at some distance from each other; that while the plaintiff was examining the sheep some question was made by him about their having the scab ; and that one of tho defendants said they had had it, "but were cured ; that it was finally agreed that plaintiff…
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This was an action brought on a warranty of five hundred sheep. On the trial in the county court, the plaintiff offered evidence tending to show that the defendants had a large number of sheep to sell, in several flocks, at some distance from each other; that while the plaintiff was examining the sheep some question was made by him about their having the scab ; and that one of tho defendants said they had had it, "but were cured ; that it was finally agreed that plaintiff should select 500 sheep at $2,25 each, and that while the selection was going on, the plaintiff caught one sheep and…
1Opinion of the Court
The opinion of the court was delivered by
Collameb, J.
The proceeding, by removing a cause into the supreme court, upon exceptions, has been frequently decided to be a proceeding in error. If it appear that error in law has been committed, the judgment is reversed. If no error appears, then the judgment is affirmed. Error must be either in the admission or rejection of evidence, in the charge to the jury, or in the judgment rendered by the court. Error in law can never be committed in any opinion the court may express upon the weight of the evidence. It is a mere matter of discretion. The court…
2Cited by16 opinions
- Sheahan v. BarryMichigan Supreme Court · 1873
- Sorenson v. United StatesCourt of Appeals for the Eighth Circuit · 1909
- Mattocks v. Lyman & ColeSupreme Court of Vermont · 1844
- Jasmin v. ParkerSupreme Court of Vermont · 1930
- Wales' Admr. v. Bowdish's Exr.Supreme Court of Vermont · 1888
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