Smith v. Rock
Supreme Court of Vermont
Bill in CHANCERY. Heard on the pleadings and a special master’s report, with exceptions thereto, December Term, 1885, Orange County, Rowell, Chancellor. It was decreed that the exceptions be overruled; that the bill be dismissed as to defendant Rock; and that the other defendants pay to the oratrix the sum of $150 for the actual damages found by the master. The bill alleged that the contract was not in writing,.and this was not denied in the answers.
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Bill in CHANCERY. Heard on the pleadings and a special master’s report, with exceptions thereto, December Term, 1885, Orange County, Rowell, Chancellor. It was decreed that the exceptions be overruled; that the bill be dismissed as to defendant Rock; and that the other defendants pay to the oratrix the sum of $150 for the actual damages found by the master. The bill alleged that the contract was not in writing,.and this was not denied in the answers. The defendants made an application before the master to amend the answer, in effect, that the oratrix bad a complete and adequate remedy at law;…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
In order to understand the questions presented, it is necessary to refer to the pleadings. The oratrix in her bill, after alleging her ownership of the thirty acres of land therein described, and her sale to the defendant Eock of the hemlock bark and timber on one acre of the same, and the transfer of the title Eock acquired to the defendant Eeneau, *235and from Reneau to Knight, alleges that Knight was cutting the timber on four or five acres of said land, and was making preparations to remove the timber so cut and to be cut from said lot,…
2Cited by8 opinions
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- Staples v. RossiIdaho Supreme Court · 1901
- United States v. GuglardU.S. Circuit Court for the District of Southern California · 1897
- Averill v. Vermont Valley RailroadSupreme Court of Vermont · 1914
- Griffith v. HilliardSupreme Court of Vermont · 1890
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