Legal Opinion

Cross v. Richardson

Supreme Court of Vermont

Decided August 15, 1858PublishedCited by 16 opinions

Assumpsit. Plea, the general issue, and trial by jury, at tlie September Term, 1856, — Poland, J. presiding. The declaration alleged that the plaintiff had, previous to the 15th of January, 1852, instituted a suit, in his name, against one Milton Brown, and had caused a lot of mill logs to be attached therein, as Brown’s property, and had summoned Jairus Rood and Daniel Hinkson in said suit, as trustees of Brown; that on the 15th of January, 1852, while this suit was…

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Assumpsit. Plea, the general issue, and trial by jury, at tlie September Term, 1856, — Poland, J. presiding. The declaration alleged that the plaintiff had, previous to the 15th of January, 1852, instituted a suit, in his name, against one Milton Brown, and had caused a lot of mill logs to be attached therein, as Brown’s property, and had summoned Jairus Rood and Daniel Hinkson in said suit, as trustees of Brown; that on the 15th of January, 1852, while this suit was pending, and before the question of the liability of the trustees had been decided, the defendant, in consideration that the…

1Opinion of the Court

The opinion of the court was delivered by

Pierpoint, J.

The first question raised by the defendant upon the exceptions in this case, is, that there is a fatal variance b 'tween the allegations in the declaration, and the proof given upon the trial.

It is alleged in the declaration, that the plaintiff had instituted a suit in his name against one Brown, and had caused a large lot of mill logs to be attached thereon, as the property of Brown, and had caused Jairus Rood and Daniel Hinkson to be summoned as Brown’s trustees. Up-on the trial, it appeared from the evidence that the suit was brought in…

2Cases cited5 opinions

  1. Wait v. of WaitSupreme Court of Vermont · 1856
  2. Anderson v. DavisSupreme Court of Vermont · 1837
  3. Sinclair v. RichardsonSupreme Court of Vermont · 1840
  4. French v. Estate of ThompsonSupreme Court of Vermont · 1834
  5. Lampson v. Estate of HobartSupreme Court of Vermont · 1856

3Cited by16 opinions

  1. Fullam v. AdamsSupreme Court of Vermont · 1864
  2. Reed v. HolcombSupreme Court of Connecticut · 1863
  3. Chaffee v. Rutland RailroadSupreme Court of Vermont · 1882
  4. McKenzie v. Puget Sound National BankWashington Supreme Court · 1894
  5. Lussier v. North Troy Engineering Co.Supreme Court of Vermont · 1988

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