Legal Opinion

Hinsdill v. White

Supreme Court of Vermont

Decided November 15, 1861PublishedCited by 8 opinions

Assumpsit upon the common money counts. Plea, the general issue, and trial by jury at the December term, 1859, for Bennington county, Kellogg, J., presiding.

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Assumpsit upon the common money counts. Plea, the general issue, and trial by jury at the December term, 1859, for Bennington county, Kellogg, J., presiding. On trial the plaintiff introduced evidence tending to show that on the 14th day of November 1857, the defendant went to the house of the plaintiff and stated to her that on the preceeding Wednesday or Thursday, (he and his family being absent from home on both of said days,) his house at North Bennington was broken into, and a sum of money and other things belonging to him had been stolen therefrom ; that the plaintiff’s son Norman, who…

1Opinion of the Court

Poland, Ch. J.

The bill of exceptions in this case states that the defendant excepted to a decision of the court, excluding evidence offered by the defendant to prove that the plaintiff’s son was in fact guilty of stealing the defendant’s money.

But it does not appear from the exceptions, that the defendant offered any such evidence, or that any such decision was made. *563It does'appear, that the plaintiff offered to prove that he was not guilty, and that the court excluded it, from which, as well as from the manner the case was presented to the jury, it appears the court below did not treat that…

2Cited by8 opinions

  1. Berman v. CoakleyMassachusetts Supreme Judicial Court · 1923
  2. Stewart v. WrightCourt of Appeals for the Eighth Circuit · 1906
  3. Gilchrist v. HatchIndiana Supreme Court · 1914
  4. Vermont Accident Insurance v. FletcherSupreme Court of Vermont · 1914
  5. Stoner v. Chicago Great Western RailwaySupreme Court of Iowa · 1899

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