French v. Holt
Supreme Court of Vermont
This case was tried by the court at the December Term, 1880, Taft, J., presiding. Judgment for the defendant. Action of debt, to recover the penalty given by s. 7, c. 24, Gen. Sts. Plea, the general issue. DECLARATION.
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This case was tried by the court at the December Term, 1880, Taft, J., presiding. Judgment for the defendant. Action of debt, to recover the penalty given by s. 7, c. 24, Gen. Sts. Plea, the general issue. DECLARATION. In a plea of debt, for that there was, on the thirtieth day of August, A. D., 1878, and for a long time before had been a pent road in said town of Hartland, leading from the school-house in district number fourteen, in said town of Hartland, through and across lands leased and occupied by the plaintiff, to Joseph S. Holt’s dwelling-house, in said Hartland, across which said…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The statement in the exceptions that the County Court, “ upon the whole case rendered judgment for the defendant,” means upon the whole case as made up and tried in that court; that is, on a trial upon the merits, on a denial of the allegations set forth in the declaration. It does not mean, as the case might have been made up, or would have been made up if the defendant had met the declaration with a demurrer, or the findings of .fact with a motion in arrest of judgment. There is nothing in the exceptions to show that the defendant before the…
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