Legal Opinion

Ross v. Draper

Supreme Court of Vermont

Decided January 15, 1883PublishedCited by 11 opinions

Replevin. Heard by the court on the report of a referee, September Term, 1882, Royce, Ch. J., presiding. Judgment for the defendant. The case is stated in the opinion. The cause having been referred, all questions as to form are waived. Q-ranite Qo. v. Farrar, 53 Vt. 585; Morse v. Beers, 51 Vt. 359. The husband and wife may sue jointly. Myers and Wifev. Lyon, 51 Vt. 272. The gift was valid in law.

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Replevin. Heard by the court on the report of a referee, September Term, 1882, Royce, Ch. J., presiding. Judgment for the defendant. The case is stated in the opinion. The cause having been referred, all questions as to form are waived. Q-ranite Qo. v. Farrar, 53 Vt. 585; Morse v. Beers, 51 Vt. 359. The husband and wife may sue jointly. Myers and Wifev. Lyon, 51 Vt. 272. The gift was valid in law. Flanagan v. Wood, 33 Vt. 332 ; Niles v. Warner, 19 Vt. 609; Hall v. Parsons, 17 Vt. 271; Allen v. Fgerton, 3 Vt. .442; Stiles v. Shumway, 16 Vt. 435 ; Rob. Dig. 619. ^ The gift was incomplete, as…

1Opinion of the Court

The opinion of the court was delivered by

Ross, J.

I. This is an action of replevin for a piano. The case was referred and came to the County Court on the referee’s report. Such a judgment was then to be rendered upon the facts reported as any legitimate amendment of the declaration would admit of. An amendment alleging that the plaintiffs were husband and wife, and that the piano was the property of the wife, would neither add a new cause of action nor a new party to the suit, and would be permissible. The cause of action would be the piano both before and after the amendment, and the right in…

2Cases cited6 opinions

  1. Sterling v. BaldwinSupreme Court of Vermont · 1869
  2. Sanborn v. KittredgeSupreme Court of Vermont · 1847
  3. Hutchins v. GilchristSupreme Court of Vermont · 1850
  4. Fitch v. BurkSupreme Court of Vermont · 1866
  5. Hildreth v. FittsSupreme Court of Vermont · 1881

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

3Cited by11 opinions

  1. Scott v. Union & Planters' Bank & Trust Co.Tennessee Supreme Court · 1910
  2. Phillips v. PlastridgeSupreme Court of Vermont · 1935
  3. Waite v. GrubbeOregon Supreme Court · 1903
  4. Murphy v. BordwellSupreme Court of Minnesota · 1901
  5. Goodrich's Exr. v. Rutland Savings BankSupreme Court of Vermont · 1908

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

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