Kidder v. Jennison
Supreme Court of Vermont
Trespass on the Case to recover for an alleged injury, by the the defendants, to the plaintiff’s reversionary interest in land in Highgate. Plea, the general issue, and trial by the jury, September Term, 1848, — Royce, Ch. J., presiding.
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Trespass on the Case to recover for an alleged injury, by the the defendants, to the plaintiff’s reversionary interest in land in Highgate. Plea, the general issue, and trial by the jury, September Term, 1848, — Royce, Ch. J., presiding. On trial, after the plaintiff had given evidence tending to prove the facts alleged in his declaration, the defendants offered to prove, that they were selectmen of Highgate, and that the acts complained of were committed by them in making a public highway, which had been legally laid out by the selectmen of Highgate on the second and third days of March,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This is an action of trespass on the case for an injury to the plaintiff’s reversionary interest in a piece of land in Highgate, wherein the defendants justify, as selectmen of that town, by evidence tending to prove, that what they did was done by them in, their official capacity, in building a highway in the town, which had been laid, by their predecessors in office, across the plaintiff’s land.
The first question made in the case is, whether this defence can be received under the plea of the general issue. We entertain no doubt, that the…
2Cases cited1 opinion
- Corliss v. CorlissSupreme Court of Vermont · 1836
3Cited by11 opinions
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- North Laramie Land Co. v. HoffmanWyoming Supreme Court · 1923
- Barber v. VintonSupreme Court of Vermont · 1909
- LaFarrier v. HardySupreme Court of Vermont · 1894
- Commonwealth v. Pardee Bros.Supreme Court of Pennsylvania · 1932
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