Stanley v. Payne
Supreme Court of Vermont
Trespass for assault and battery. Pleas, the general issue, self-defence, and defence of personal property. Replications, similiter and de injuria. Trial by jury at the September Term, 1903, Rutland County, Munson, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion fully states the case. The defendant was justified.
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Trespass for assault and battery. Pleas, the general issue, self-defence, and defence of personal property. Replications, similiter and de injuria. Trial by jury at the September Term, 1903, Rutland County, Munson, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion fully states the case. The defendant was justified. The person entitled to' the possession of a chattel may take it from a wrongdoer by force ; and he will not be liable to a civil action therefor, provided he used no more force than was necessary. Johnson v. Perry, 56 Vt. 703; Hodgden v.…
1Opinion of the CourtTyler, J.
Trespass for assault and battery; pleas, general issue, self-defence and defence of property; replication, de injuria.
The defendant had been a tenant of a certain farm, and it appeared that prior to April i, 1902, when his term1 expired, he and one Pratt, the owner of the farm, agreed that a certain grain-box that belonged to the defendant should remain in the barn during that spring and that the defendant might remove it at any time after that season. The plaintiff, who succeeded the defendant as tenant, knew nothing of this agreement nor of the defendant’s ownership of the box beside what…
2Cases cited10 opinions
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- Yale v. SeelySupreme Court of Vermont · 1843
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