Horan v. Thomas
Supreme Court of Vermont
AotioN brought under section 1321, Rev. Laws, to recover possession of a house, barn and two acres of land in Bridgeport. The action was commenced before a justice of the peace, and an appeal was taken by the defendants to the County Court. Plea, general issue. Trial by court, June Term, 1887, Rowell, J., presiding.
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AotioN brought under section 1321, Rev. Laws, to recover possession of a house, barn and two acres of land in Bridgeport. The action was commenced before a justice of the peace, and an appeal was taken by the defendants to the County Court. Plea, general issue. Trial by court, June Term, 1887, Rowell, J., presiding. Judgment for the plaintiff for the possession of the premises and for $53.82 damages, which was the amount of rent of said premises for the whole time of defendants’ occupancy after deducting $4 paid. The court found : That on or about the 25th day of June, 1886, the plaintiff and…
1Opinion of the Court
The opinion of the court was delivered by
Powers, J.
It matters little what name we give to the • remedy given by section 1321, E. L., for the recovery of the possession of leased lands held “ without right” by a lessee. Some courts call it one thing, some another. But
“ What’s in a name? that which we call a rose, By any other name would smell as sweet.”
This statute gives a summary remedy to persons entitled to the possession which is wrongfully withheld, and was intended fts a substitute for the technical procedure of the common law *329action of ejectment. If the lessee or any one bolding under…
2Cited by6 opinions
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- Canfield v. HallSupreme Court of Vermont · 1960
- Wheeler v. WheelerSupreme Court of Vermont · 1905
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- Ackerman v. FrenchSupreme Court of Vermont · 1916
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