Varnum v. Town of Highgate
Supreme Court of Vermont
Assumpsit. Plea, the general issue. Trial by jury at the December term, 1891, Lamoille county, Thompson, J., presiding. Yerdict and judgment for the plaintiff. The defendant excepts.
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Assumpsit. Plea, the general issue. Trial by jury at the December term, 1891, Lamoille county, Thompson, J., presiding. Yerdict and judgment for the plaintiff. The defendant excepts. The evidence of the plaintiff tended to show that in 1885 the county court for the county of Franklin made an order that a certain bridge across the Missisquoi Fiver in the town of Highgate should be rebuilt; that three-fourths of the expense should be borne by the State and one-fourth by the town of Highgate ; and that the plaintiff was appointed commissioner under the statute to superintend the expenditure of…
1Opinion of the Court
The opinion of the court was delivered by
TAFT, J.
a. Whether the court erred in refusing to dismiss the special counts is now immaterial. There is a good count in the declaration for the same cause of action, and the verdict is deemed as the finding of the jury on the good count, as it does not otherwise appear, and judgment must be given according to the right of the case and the matters in law, without regard to the counts in the question. R. L. s. 913.
b. The plaintiff purchased of the defendant certain stone and paid six hundred dollars for them. The defendant had no right to sell them, had…
2Cases cited7 opinions
- McKenzie v. McKenzieSupreme Court of Vermont · 1880
- Sharkey v. . MansfieldNew York Court of Appeals · 1882
- Ketchum v. CatlinSupreme Court of Vermont · 1849
- Faulkner v. HebardSupreme Court of Vermont · 1854
- Hamblet v. BlissSupreme Court of Vermont · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- White's Admrx. v. Central Vermont Railway Co.Supreme Court of Vermont · 1914
- Burlingame v. Hardin CountySupreme Court of Iowa · 1917
- Holt v. RuleauSupreme Court of Vermont · 1918
- Turner Falls Lumber Co. v. BurnsSupreme Court of Vermont · 1899
- Robbins v. Harbour Industries, Inc.Supreme Court of Vermont · 1988