James Smith Woolen Machine Co. v. Holden
Supreme Court of Vermont
Replevin for a garnet machine and feeder and a rag picker. Plea, the general issue. Trial by jury, Bennington County, December Term, 1899, Start, J., presiding. The court directed a verdict of not guilty for the defendant on the ground stated in the opinion, and submitted to- the jury the question whether or not the property replevied should be returned to the defendant.
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Replevin for a garnet machine and feeder and a rag picker. Plea, the general issue. Trial by jury, Bennington County, December Term, 1899, Start, J., presiding. The court directed a verdict of not guilty for the defendant on the ground stated in the opinion, and submitted to- the jury the question whether or not the property replevied should be returned to the defendant. The jury returned a verdict that the property should not be returned, and judgment was rendered accordingly. The defendant excepted. Among other things, the court instructed the jury as to the bearing which the intention of…
1Opinion of the CourtRowell, J.
This is replevin' for a garnet machine and feeder and a ragpicker, sold by the plaintiff to William Campbell, of whose estate the defendant is administrator. As the plaintiff made no demand for the machines before suit brought, the court directed a verdict of not guilty, and submitted to the jury the question of a return of the property. The direction of a verdict of not guilty not being excepted to, it stands, and must have its full legal effect; and the defendant contends that its legal effect is, to entitle him to a judgment of return, and that therefore it was error to submit the question…
2Cases cited4 opinions
- The Elgee Cotton CasesSupreme Court of the United States · 1875
- Magoon v. Boston & Maine Rd.Supreme Court of Vermont · 1894
- Sprague v. ClarkSupreme Court of Vermont · 1868
- Hotchkiss v. AshleySupreme Court of Vermont · 1872
3Cited by40 opinions
- Guaclides v. KruseNew Jersey Superior Court Appellate Division · 1961
- Fadden v. McKinneySupreme Court of Vermont · 1914
- In re DexterSupreme Court of Vermont · 1919
- State v. CookSupreme Court of New Jersey · 1965
- In Re Everett's WillSupreme Court of Vermont · 1933
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