Bourne v. Merritt
Supreme Court of Vermont
Trover for two beds, with bedding, three small boxes, a quantity of crockery, wooden and tin ware, two flat irons, two lamps, one gridiron, a pair of brass andirons, shovel and tongs, and a carpet. Plea, the general issue, and trial by jury, May Term, 1849, — Kellogg, J., presiding. The bill of exceptions stated the proceedings upon the trial in the county court as follows.
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Trover for two beds, with bedding, three small boxes, a quantity of crockery, wooden and tin ware, two flat irons, two lamps, one gridiron, a pair of brass andirons, shovel and tongs, and a carpet. Plea, the general issue, and trial by jury, May Term, 1849, — Kellogg, J., presiding. The bill of exceptions stated the proceedings upon the trial in the county court as follows. “ The evidence of the plaintiff tended to show, that the plaintiff owned the goods described in the declaration. It farther appeared by the plaintiff’s testimony, that the plaintiff, being about to remove to Massachusetts,…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
It is quite probable, that this bill of exceptions presents questions not raised on the trial; but we must take the case, as made by the bill.
It seems the defendant attached the goods on a writ in favor of Moore & Belknap, while in boxes lying in Willard’s yard, and removed them from the yard into Willard’s house, and left them in his charge, to keep for the defendant. The court charged the jury, “ that if they believed the testimony in the case, the plaintiff was entitled to recover.” The only question in the case is, whether such facts…
2Cited by4 opinions
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