Legal Opinion

Wright v. Bourdon

Supreme Court of Vermont

Decided January 15, 1878PublishedCited by 4 opinions

Case in two counts. Plea, the general issue, and trial by jury, April Term, 1877, Royce, J., presiding. The first count alleged, that whereas the defendants, being evil-disposed persons, and devising and intending unjustly, fraudulently, and maliciously to extort money from the plaintiff, to wit, the sum of, &c., theretofore, to wit, on, &c., at, &c., did falsely, unlawfully, wickedly, and maliciously combine, conspire, confederate, and agree together, falsely to charge and…

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Case in two counts. Plea, the general issue, and trial by jury, April Term, 1877, Royce, J., presiding. The first count alleged, that whereas the defendants, being evil-disposed persons, and devising and intending unjustly, fraudulently, and maliciously to extort money from the plaintiff, to wit, the sum of, &c., theretofore, to wit, on, &c., at, &c., did falsely, unlawfully, wickedly, and maliciously combine, conspire, confederate, and agree together, falsely to charge and accuse him of having begotten one Arvilla Rouse, of, &c., a single woman, with child, and with being the father of a…

1Opinion of the Court

The opinion of the court was delivered by

Ross, J.

On the trial by the jury in the County Court, the court held, “ that if the plaintiff should prove and the jury should find that all the allegations in the plaintiff’s declaration were established, still the plaintiff was not entitled to recover, and ordered a verdict for the defendants,” to which the plaintiff excepted.

The plaintiff claims, if his declaration was fatally defective-in alleging a cause of action, that inasmuch as the defendant had traversed it, he had a-right to have that issue tried by the jury, and that the court erred in…

2Cases cited4 opinions

  1. Baxter v. Winooski Turnpike Co.Supreme Court of Vermont · 1849
  2. Ide v. GraySupreme Court of Vermont · 1839
  3. Batchelder v. KinneySupreme Court of Vermont · 1871
  4. Smith v. JoinerSupreme Court of Vermont · 1797

3Cited by4 opinions

  1. Brainard v. Van DykeSupreme Court of Vermont · 1899
  2. State v. PerkinsSupreme Court of Vermont · 1914
  3. Harris v. BottumSupreme Court of Vermont · 1908
  4. Ware v. EstabrooksSupreme Court of Vermont · 1901

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