Legal Opinion

Vanderburg v. Clark

Supreme Court of Vermont

Decided January 15, 1850PublishedCited by 1 opinion

Book Account. The plaintiffs were described as residents of the city, county and state of New York, and the defendant as a resident of Rutland, in the county of Rutland.

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Book Account. The plaintiffs were described as residents of the city, county and state of New York, and the defendant as a resident of Rutland, in the county of Rutland. The writ was made returnable to the county court, and was dated March 7,1848. The defendant pleaded in abatement, that at the commencement of the suit she did not reside in the county of Rutland, but did reside in Woodstock, in the county of Windsor, and that the plaintiffs did not reside in the county of Rutland, but did reside in the state of New York. The plaintiffs replied, that the defendant, at the commencement of the…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

This case was an issue of fact upon a plea in abatement, joined to the court, wherein they found certain facts, and thereupon decided the issue in favor of the defendant. The question to be determined in this court is,, whether, from the facts found by the county court and placed upon the record, they should have decided the issue for the one party, or the other. There seems to be no more difficulty in revising the decision of the county court upon an issue of this kind, than in a case where the facts are agreed, or where the issue is tried…

2Cases cited2 opinions

  1. Peach v. MillsSupreme Court of Vermont · 1841
  2. Bell v. MasonSupreme Court of Vermont · 1838

3Cited by1 opinion

  1. Town of Jericho v. Town of UnderhillSupreme Court of Vermont · 1892

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