Legal Opinion

McKinstry v. Collins

Supreme Court of Vermont

Decided February 10, 1904PublishedCited by 28 opinions

Case ror an assault upon the plaintive’s wire. Plea, the general issue, with notice of special matter in justification. Trial by jury at the March Term, 1903, Washington County, Stafford, J., presiding. Verdict and judgment for- plaintiff. The defendants excepted. It appeared that some time in the fall of 1896 defendant ■Collins, in company with Lovell, came to- the plaintiff’s home.

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Case ror an assault upon the plaintive’s wire. Plea, the general issue, with notice of special matter in justification. Trial by jury at the March Term, 1903, Washington County, Stafford, J., presiding. Verdict and judgment for- plaintiff. The defendants excepted. It appeared that some time in the fall of 1896 defendant ■Collins, in company with Lovell, came to- the plaintiff’s home. Collins was an officer and had a writ of replevin wherein he was commanded to replevy a certain colt then in the possessipn •of the plaintiff. The plaintiff’s evidence tended to show that Collins did not reveal…

1Opinion of the CourtStart, J.

The action is for the recovery of damages for an alleged assault upon the plaintiff’s wife, which it is claimed caused her death. The defendants, among other things, justified under a replevin writ. The amended bill of exceptions, which was properly substituted for the one first filed, did not require the defendants to- furnish a transcript of the record referred to the original bill of exceptions, and there was no occasion for their doing so.

The defendants asked a witness who- was present at the time the child was born, what was said when Mr. McKinstry was in the room, in relation to' the…

2Cases cited30 opinions

  1. Nofire v. United StatesSupreme Court of the United States · 1897
  2. Chandler v. SpearSupreme Court of Vermont · 1850
  3. Hartwell v. RootNew York Supreme Court · 1822
  4. Foster's Exrs. v. DickersonSupreme Court of Vermont · 1891
  5. Jackson ex dem. Sternberg v. ShafferNew York Supreme Court · 1814

25 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Bacon v. Boston & Maine RailroadSupreme Court of Vermont · 1910
  2. Ryan v. Orient InsuranceSupreme Court of Vermont · 1923
  3. State v. LapanSupreme Court of Vermont · 1928
  4. In re Bean's WillSupreme Court of Vermont · 1912
  5. In re Cowdry's WillSupreme Court of Vermont · 1905

23 more not listed; retrieve them via the Exa API.

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