Legal Opinion

Marcy v. Parker

Supreme Court of Vermont

Decided October 25, 1905PublishedCited by 15 opinions

Trover for a quantity of hard wood two-inch plank. Plea, the general issue. Trial by jury at the September Term, 1904, Orleans County, Rowell, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. ■ After verdict, and before judgment, the defendant moved to set aside the verdict for the reasons stated in the opinion. This motion was overruled to which the defendant excepted.

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Trover for a quantity of hard wood two-inch plank. Plea, the general issue. Trial by jury at the September Term, 1904, Orleans County, Rowell, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. ■ After verdict, and before judgment, the defendant moved to set aside the verdict for the reasons stated in the opinion. This motion was overruled to which the defendant excepted. The defendant also brought a petition for a new trial, under V. S. 1662, to the May Term, 1905, of the Supreme Court for the county of Orleans. This petition was heard with the defendant’s…

1Opinion of the CourtWatson, J.

This is an action of trover for the alleged conversion of a quantity of lumber. The plaintiff’s evidence tended to show that the defendant took and sold about thirty thousand feet of two-inch hard wood planks which plaintiff claimed to own by purchase from R. B. Lang of Barton; and also to hold, as against the defendant, by virtue of his claimed possession thereof. The defendant, who was a deputy sheriff, denied that the plaintiff was either owner or possessor of the property. He admitted the taking and selling of the planks in question but claimed and his evidence tended to show, that they…

2Cases cited7 opinions

  1. Potter v. WashburnSupreme Court of Vermont · 1841
  2. Knapp v. WinchesterSupreme Court of Vermont · 1839
  3. White v. BascomSupreme Court of Vermont · 1856
  4. Sheldon v. PerkinsSupreme Court of Vermont · 1865
  5. Tarbell v. TarbellSupreme Court of Vermont · 1887

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3Cited by15 opinions

  1. Lincoln v. Central Vermont Railway Co.Supreme Court of Vermont · 1909
  2. Paska v. SaundersSupreme Court of Vermont · 1931
  3. Bellows Falls Village Corp. v. State Highway BoardSupreme Court of Vermont · 1963
  4. Murray v. NelsonSupreme Court of Vermont · 1923
  5. Taplin v. MarcySupreme Court of Vermont · 1908

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