Powers v. Leach
Supreme Court of Vermont
Trespass quare clausum fregit, for breaking and entering divers barns, and other buildings connected therewith, of the plaintiffs in Pittsford, and setting fire to and burning the same together with the contents. Plea the general issue and trial by jury.
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Trespass quare clausum fregit, for breaking and entering divers barns, and other buildings connected therewith, of the plaintiffs in Pittsford, and setting fire to and burning the same together with the contents. Plea the general issue and trial by jury. The plaintiffs with other evidence tending to prove the issue on their part, introduced the following deposition of one Charles A. Pine, of Constantine, in the county of St. Joseph, in the state of Michigan, who testified that “in the winter and spring after the “ Powers commenced their prosecution against me and Mr. Leach, “ in conversation,…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, Ch. J.
I. The objection to the testimony of Pine was certainly allowed to its most liberal extent by the court below. The issue attempted to be raised in regard to his testimony was altogether collateral to the main issue in the case, and the court might have rejected the testimony altogether, and it would not have been error. We may suppose, that such collateral issues might spring up, in regard to the testimony of every witness upon the stand, and thus a single issue branch out into an indefinite number of subordinate and collateral ones,…
2Cases cited1 opinion
- Stevens v. BeachSupreme Court of Vermont · 1840
3Cited by11 opinions
- Blakey's Heirs v. Blakey'sSupreme Court of Alabama · 1859
- McQuiggan v. LaddSupreme Court of Vermont · 1906
- State v. McKinneySupreme Court of Kansas · 1884
- Gutterson v. MorseSupreme Court of New Hampshire · 1877
- Valenti v. Imperial Assurance Co.Supreme Court of Vermont · 1935
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