Hamblet v. Bliss
Supreme Court of Vermont
Trespass and case for a quantity of hay and oats. Trial by jury, September Term, 1881, Redfield, J., presiding. Verdict directed for plaintiff. The defendant justified on the ground that as a constable he sold on execution the property in question.
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Trespass and case for a quantity of hay and oats. Trial by jury, September Term, 1881, Redfield, J., presiding. Verdict directed for plaintiff. The defendant justified on the ground that as a constable he sold on execution the property in question. The plaintiff claimed that he was the owner of an overdue mortgage of the farm on which Leonard Hamblet lived, in the town of Worcester, Vt., and that there was due on said mortgage at the time he claimed he took possession, more than one thousand dollars. The plaintiff introduced evidence tending to prove the execution of the mortgage deed and…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The defendant, upon the court’s intimating what its ruling would be on certain matters involved, declined to go to the jury upon any disputed fact. He thereby admitted that all which the plaintiff’s evidence tended to establish was proven. The court thereupon directed a verdict for the plaintiff, to which the defendant excepted. This exception does not bring into contention the ruling intimated by the court. No exception was saved in regard to that. It only saves to the defendant the right to contend, that if all the plaintiff’s evidence tended…
2Cases cited1 opinion
- Cooper v. ColeSupreme Court of Vermont · 1865
3Cited by6 opinions
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- Varnum v. Town of HighgateSupreme Court of Vermont · 1892
- Wolcott v. HamiltonSupreme Court of Vermont · 1888
- Hawkins v. National Life InsuranceSupreme Court of Vermont · 1885
- O'Connor v. SowlesSupreme Court of Vermont · 1885
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