Osha v. Higgins
Supreme Court of Vermont
Appeal in Chancery. Heard on the pleadings and findings of fact by the chancellor, at the June Term, 1915, Orange County, Slack, Chancellor. Decree for the plaintiff. Defendant Avery appealed. The following facts were found by the chancellor. The defendants Luther J. Higgins and Lelia M. Higgins, at the time when the deed and mortgages herein referred to were executed, April 17, 1914, were and ever since have been husband and wife.
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Appeal in Chancery. Heard on the pleadings and findings of fact by the chancellor, at the June Term, 1915, Orange County, Slack, Chancellor. Decree for the plaintiff. Defendant Avery appealed. The following facts were found by the chancellor. The defendants Luther J. Higgins and Lelia M. Higgins, at the time when the deed and mortgages herein referred to were executed, April 17, 1914, were and ever since have been husband and wife. Lelia and her three children were then living with her mother at South Royalton, this State. Luther was then living in the state of Connecticut, and for aught…
1Opinion of the CourtWatson, J.
The record does not show that the demurrer in the answer of defendant Avery was brought forward for hearing before the ease was heard on the merits, so the demurrer stands as waived. Congregational Church v. Cutler, 76 Vt. 338, 57 Atl. 387.
The amendments to the bill were within the discretion of the chancellor. Some exceptions were taken to rulings on questions of evidence, during the hearing upon the merits, but it does not appear that any exceptions were taken to the report because of such rulings. These questions are therefore not before us. This is so by statute, (P. S. 1268,) in…
2Cases cited6 opinions
- Blondin v. BrooksSupreme Court of Vermont · 1910
- Morrill v. MorrillSupreme Court of Vermont · 1880
- Frary v. BoothSupreme Court of Vermont · 1864
- Dietrich v. HutchinsonSupreme Court of Vermont · 1908
- Hooker, Corser & Mitchell Co. v. HookerSupreme Court of Vermont · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Vermont Marble Co. v. EastmanSupreme Court of Vermont · 1917
- Residents of Royalton v. Central Vermont Railway Co.Supreme Court of Vermont · 1927
- Cutler Co. v. BarberSupreme Court of Vermont · 1919
- Davis v. Union Meeting House SocietySupreme Court of Vermont · 1918
- Huntley v. DuboisSupreme Court of Vermont · 1971