Legal Opinion

Clay v. Severance

Supreme Court of Vermont

Decided January 15, 1883PublishedCited by 1 opinion

Assumpsit. Plea, general issue. Heard on the report of a referee, June Term, 1882, Taft, J., presiding. Two cases were referred to the same referee, and he made but one report. The court rendered judgment for the defendant in each case. After the cases had passed to the Supreme Court on exceptions, the said Severance brought two petitions, one to the County Court, and one to the Supreme Court, to have the report recommitted to the referee for further findings.

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Assumpsit. Plea, general issue. Heard on the report of a referee, June Term, 1882, Taft, J., presiding. Two cases were referred to the same referee, and he made but one report. The court rendered judgment for the defendant in each case. After the cases had passed to the Supreme Court on exceptions, the said Severance brought two petitions, one to the County Court, and one to the Supreme Court, to have the report recommitted to the referee for further findings. The petition tó the County Court was heard December Term, 1882, Powers, J., presiding. Petition dismissed. The facts bearing upon the…

1Opinion of the Court

The opinion of the court was delivered by

Yeazey, J.

Four causes between the same parties were heard together. Two of them were referred, and the referee heard them together and made one report on both. The case Clay v. Severance is an action of assumpsit in the common counts with a special count on a promissory note. The case Severance v. Clay is also assumpsit in the common counts. Each party pleaded the general issue and composition with creditors under the United States bankrupt law.- Severance did not name Clay as a creditor in his statement of creditors and debts filed in the composition…

2Cases cited2 opinions

  1. West v. Bank of RutlandSupreme Court of Vermont · 1847
  2. Overton v. WoodsonSupreme Court of Missouri · 1853

3Cited by1 opinion

  1. Clifford v. West Hartford Creamery Co.Supreme Court of Vermont · 1931

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