Sheeran v. Rockwood
Supreme Court of Vermont
Justice ejectment. Plea, the general issue. Trial by court at the September term, 1894, Chittenden county, Taft, J., presiding. Judgment that the plaintiff is entitled to the seizen and possession of the premises sued for, and that he recover the sum of eighty-two dollars and sixty-two cents rent and costs. The plaintiff moved for a certified execution, which was granted. To the action of the court in this last particular the defendant excepted.
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Justice ejectment. Plea, the general issue. Trial by court at the September term, 1894, Chittenden county, Taft, J., presiding. Judgment that the plaintiff is entitled to the seizen and possession of the premises sued for, and that he recover the sum of eighty-two dollars and sixty-two cents rent and costs. The plaintiff moved for a certified execution, which was granted. To the action of the court in this last particular the defendant excepted. The payment of this rent was a matter of contract, and a certified execution cannot be used to enforce the non-performance of a contract. R. L., ss.…
1Opinion of the CourtStart, J.
The court below adjudged that the cause of *83action arose from the wilful and malicious act and neglect of the defendant, and that he ought to be confined in close jail. The defendant insists that the action is founded on contract, and that the court had no authority to grant a close jail execution.
If the action is one in which a close jail execution could be properly granted, and the evidence tended to show that the cause of action arose from the wilful and malicious act or neglect of the defendant, the finding of the court below, that the cause of action arose from the wilful and malicious…
2Cases cited5 opinions
- Robinson v. WilsonSupreme Court of Vermont · 1849
- Melendy v. Clark P.Supreme Court of Vermont · 1881
- Whiting v. DowSupreme Court of Vermont · 1869
- Soule v. AustinSupreme Court of Vermont · 1863
- Barnes v. TenneySupreme Court of Vermont · 1880
3Cited by3 opinions
- Wellman v. MeadSupreme Court of Vermont · 1919
- Larrow v. MartellSupreme Court of Vermont · 1918
- Ackerman v. FrenchSupreme Court of Vermont · 1916