Hall v. Adams
Supreme Court of Vermont
THIS was a motion for a new trial, by the defendant, founded on exceptions taken at the trial below, and certified to this court as follows : Action of debt to recover the penalty of five dollars, given by the fourth section of the statute, entitled “an act to promote tbe breed of sheep, and preserve the different breeds distinct.(d) Plea, nil debet, and issue joined thereon.
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THIS was a motion for a new trial, by the defendant, founded on exceptions taken at the trial below, and certified to this court as follows : Action of debt to recover the penalty of five dollars, given by the fourth section of the statute, entitled “an act to promote tbe breed of sheep, and preserve the different breeds distinct.(d) Plea, nil debet, and issue joined thereon. On the trial of the said issue, the plaintiff proved, that on the twentieth day of November, 1821, the defendant was the owner and keeper of a certain ram, and that the plaintiff was the owner and keeper of a number of…
1Opinion of the Court
After argument, the opinion of the court was pronounced by
Skinner, Ch J.
On the trial of the cause, the defendant offered eyidence tending to show, that the plaintiff had taken the forfeiture under the third section of the statute, which was rejected by the court. Admitting that the defendant could not, under the plea of nil debet, give this matter in evidence, yet, if it would have availed him on a special plea in bar, the court would not sustain the verdict, in as much as no objection was urged by the plaintiff, nor was the decision made on that ground. If this objection had been made at the…
2Cited by1 opinion
- Town v. LamphereSupreme Court of Vermont · 1861