Blake v. Howe
Supreme Court of Vermont
EJECTMENT, for a mill-lot and privileges, in Moretown. Plea, not guilty, and verdict for the plaintiff. At this term, the cause came on, to be argued upon a motion for a new trial, on the ground of surprise; and also upon a motion fur a new trial founded upon the exception taken.on the trial, which appears in the following case, as allowed by the judge.
Read the full summary
EJECTMENT, for a mill-lot and privileges, in Moretown. Plea, not guilty, and verdict for the plaintiff. At this term, the cause came on, to be argued upon a motion for a new trial, on the ground of surprise; and also upon a motion fur a new trial founded upon the exception taken.on the trial, which appears in the following case, as allowed by the judge. On the trial of the issue, joined between the parties in this cause, the plaintiff, to maintain the issue on his part, gave in evidence, 1. A deed of mortgage of the undivided moiety of the premises, mentioned in the plaintiff’s declaration,…
1Opinion of the Court
After argument upon both motions, the opinion of the Court was delivered by
Hutchinson, J.
This is an action of ejectment, for an undivided half of a mill lot and privilege, in the town of Moretown. It has been tried upon the general issue, and the plaintiff obtained a verdict. The Court are now called to a revision of the point decided at the trial, which appears in the exceptions then taken and allowed; also to decide upon a motion for anew trial, urged on the ground of an alleged surprise upon the defendant, in the testimony of one Stephen Pierce, whose testimony is summarily detailed in the…
2Cited by3 opinions
- Smith v. LewisWisconsin Supreme Court · 1866
- Cunningham v. BrownWest Virginia Supreme Court · 1894
- Holton v. HassamSupreme Court of Vermont · 1920