Davis v. Campbell
Supreme Court of Vermont
Trespass for injury to the plaintiff’s cow by means of a dog. The case was referred, under a rule from the county court; and it was stated in the rule of reference, that the referee was to be governed by the rules of law, — that by the rules of court all special pleas were to be filed within ninety days, or the defendant must be coufined to the general issue, without notice of special matters to be given in evidence, — and that there had been no plea filed in the cause.
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Trespass for injury to the plaintiff’s cow by means of a dog. The case was referred, under a rule from the county court; and it was stated in the rule of reference, that the referee was to be governed by the rules of law, — that by the rules of court all special pleas were to be filed within ninety days, or the defendant must be coufined to the general issue, without notice of special matters to be given in evidence, — and that there had been no plea filed in the cause. The referee reported substantially as follows. The plaintiff, at the time of the injury complained of, was the owner of a…
1Opinion of the Court
The opinion of the court was-delivered by
Redfield, J.
The first question made in the case is whether the referee was confined, in the trial of the case, to the same issue and to the same state of evidence, which would have been required in the county court. We think not. In our practice it is understood, that the case is referred, to be tried upon its merits, without regard to the particular issue joined upon the record. The English practice is, I think, in some respects, otherwise. The arbitrator, as he is there called, ordinarily only tries the issues joined upon the record, and which are…
2Cases cited2 opinions
- Eddy v. SpragueSupreme Court of Vermont · 1838
- Clark v. AdamsSupreme Court of Vermont · 1846
3Cited by5 opinions
- Woodcock's Admr. v. HallockSupreme Court of Vermont · 1925
- Briggs v. OaksSupreme Court of Vermont · 1853
- Tobin v. DealWisconsin Supreme Court · 1884
- Gordon's Admr. v. HotchkissSupreme Court of Vermont · 1909
- Wood v. LaRueMichigan Supreme Court · 1861