Legal Opinion

Ainsworth v. Hutchins

Supreme Court of Vermont

Decided February 15, 1880PublishedCited by 4 opinions

Trespass qua. el'au. for entering a house and destroying fur-' niture and clothing therein, about December 1, 1877.' Plea, general iséue, and trial by jury, May Term, 1879, Barrett, J., presiding.

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Trespass qua. el'au. for entering a house and destroying fur-' niture and clothing therein, about December 1, 1877.' Plea, general iséue, and trial by jury, May Term, 1879, Barrett, J., presiding. It appeared that the defendants lived in a house in the same enclosure with the house that was entered, and there was evidence tending to prove that the defendant Nancy, wife of the defendant-Albert,-was the person who committed the act-complained of.' It appeared' that the owner of the house was absent when the act was committed, and that the house was closed, but cared for in thé plaintiff’s…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

This action is trespass quare clausum for the wrongful acts of the wife Nancy C., in entering plaintiff’s house and destroying furniture and clothing therein. On trial the defendants claimed in argument that Jennie Rogers was most probably the person who did the mischief. The exceptions state that she was sent to this house on errands by Mrs. Marsh from time to time, and that there was no evidence tending to show that she went there when not sent. The defendants object to the exclusion *557of the testimony of Merrill Owen, that he had seen…

2Cited by4 opinions

  1. Griffin v. Boston & Maine RailroadSupreme Court of Vermont · 1913
  2. Fuller v. ValiquetteSupreme Court of Vermont · 1898
  3. Lowell v. Wheeler's EstateSupreme Court of Vermont · 1921
  4. Ballard v. BrownSupreme Court of Vermont · 1895

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