May v. Bliss
Supreme Court of Vermont
Trespass for taking a quantity of boards. The defendant Everett being an infant, under the age of twenty one years, a guardian ad litem was appointed, at whose request judgment was rendered against him, as by default. The defendant Bliss pleaded the general issue. Trial by the court, December Term, 1849, — Red-field, J., presiding. It appeared, that one Homer, who occupied a saw mill, sawed boards for Bliss, which were afterwards piled in the mill yard.
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Trespass for taking a quantity of boards. The defendant Everett being an infant, under the age of twenty one years, a guardian ad litem was appointed, at whose request judgment was rendered against him, as by default. The defendant Bliss pleaded the general issue. Trial by the court, December Term, 1849, — Red-field, J., presiding. It appeared, that one Homer, who occupied a saw mill, sawed boards for Bliss, which were afterwards piled in the mill yard. The plaintiff also owned boards, which were piled near the boards of Bliss. Bliss sent Everett, who was his hired man, with a team, to draw…
1Opinion of the Court
By the Court.
We think the decision of the court below, upon the main question of the liability of Bliss, and the reasons assigned in the bill of exceptions are correct. Indeed, the question as to the participation of Bliss in the act of Everett is chiefly matter of fact; and the case having been tried by the court, and they having found his participation, it is difficult to revise that decision, in the matter of law, without reversing also the finding of the facts. But *480to the extent of the reasons stated by the county court, this court see no reason to doubt their perfect soundness.
In regard…
2Cases cited1 opinion
- Paine v. TildenSupreme Court of Vermont · 1848
3Cited by6 opinions
- Claflin & Co. v. Continental Jersey WorksSupreme Court of Georgia · 1890
- Kingan & Co. v. SilversIndiana Court of Appeals · 1894
- Jewett v. PudloSupreme Court of Vermont · 1934
- Andrus v. HowardSupreme Court of Vermont · 1863
- Small v. BallSupreme Court of Vermont · 1874
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