Camp v. Ward
Supreme Court of Vermont
Bill in Chancery. Heard on demurrer at the September Term, 1895, Washinton County, before Ross, Chancellor. Pro jorma decree sustaining the demurrer and dismissing the bill. The orator is entitled to a new trial on the ground of surprise. Bradley Fertiliser Co. v. Fuller, 58 Yt. 315; Hoskins y. Hattenback, 14 la. 314; Delmas y. Margo, 25 Tex. 1: 78 Am. Dec. 516 and note; Fretwell y. Laffoon, 77 Mo. 26; Russell v. Reed, 32 Minn. 45; Farnham v. Jones, 32 Minn. 7; Goldstein y.
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Bill in Chancery. Heard on demurrer at the September Term, 1895, Washinton County, before Ross, Chancellor. Pro jorma decree sustaining the demurrer and dismissing the bill. The orator is entitled to a new trial on the ground of surprise. Bradley Fertiliser Co. v. Fuller, 58 Yt. 315; Hoskins y. Hattenback, 14 la. 314; Delmas y. Margo, 25 Tex. 1: 78 Am. Dec. 516 and note; Fretwell y. Laffoon, 77 Mo. 26; Russell v. Reed, 32 Minn. 45; Farnham v. Jones, 32 Minn. 7; Goldstein y. Lowther, 81 111. 399; Barnes v. Milne, Rich. Eq. Cas. 459: 24 Am. Dec. 422; Oliver y. Pray, 4 Ohio 175: 19 Am. Dec. 595…
1Opinion of the CourtRowell, J.
The question arises on demurrer to a bill for relief from a judgment rendered on a verdict obtained by perjury in a suit in favor of the defendants against the orator for false warranty of the title of a horse that he sold *288to them at sheriff’s sale on an execution against McKane. The main issue tried in that case was, as alleged in the bill, whether McKane’s wife bought and owned the horse, and whether Mann Bros, acquired a legal title thereto by purchase from her. She testified that she bought the horse with money that she inherited from her father’s estate, and sold it to Mann Bros. This…
2Cases cited6 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Pico v. CohnCalifornia Supreme Court · 1891
- McDaniels v. President of the Bank of RutlandSupreme Court of Vermont · 1857
- Emerson v. UdallSupreme Court of Vermont · 1841
- Burton v. WileySupreme Court of Vermont · 1854
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3Cited by13 opinions
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- Nelson v. MeehanCourt of Appeals for the Ninth Circuit · 1907
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