Reports of Cases Argued and Determined in the Supreme Court of the State of Vermont: Reported by the Judges of Said Court, Agreeably to a Statute Law of the State, Volumen15
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action admitted adverse possession aforesaid alleged amount answer appear assignment assumpsit attorney auditor authority bill Briggs CALEDONIA chancery CHITTENDEN claim Clayes common law contract conveyance conveyed costs county court court of chancery court of equity court was delivered covenants creditor damages debt debtor declaration decree deed defendant's discharge dollars entitled equity evidence execution fact February fraud GRAND ISLE grant husband indictment interest January Johns Jonathan Seely judgment jurisdiction justice Ketchum land liable March ment mortgage notice objection officer opinion orator paid parol parties payment person Pinney plaintiff plea pleaded possession premises proceedings purchase question received recover rendered resulting trust rule RUTLAND S. R. VOL settlement statute statute of frauds sufficient suit term testimony thereof tion town trespass trial trover trust turnpike University of Vermont verdict void wife WILLIAM HEBARD WINDSOR witness writ
Página 714 - The decisions on the subject of passengers' baggage turn upon the question : What articles may baggage consist of ? This is a mixed question of law and fact, to be determined by the jury under proper instructions from the court.
Página 258 - It is true that the assignee of a chose in action takes it subject to all the equities to which it was subject in the hands of the assignor...
Página 750 - That private property ought to be subservient to public uses, when necessity requires it ; nevertheless, whenever any person's property is taken for the use of the public, the owner ought to receive an equivalent in money.
Página 23 - It is a cardinal rule of statutory construction that significance and effect shall, if possible, be accorded to every word. As early as in Bacon's Abridgment, sect. 2, it was said that 'a statute ought, upon the whole, to be so construed that, if it can be prevented, no clause, sentence, or word shall be superfluous, void, or insignificant.
Página 307 - ... shall not affect any act done, or any • right accruing or accrued or established, or any suit or proceeding had or commenced in any civil case before the time when such repeal shall take effect...
Página 719 - Where a man is under a moral obligation, which no court of law or equity can enforce, and promises, the honesty and rectitude of the thing is a consideration.
Página 708 - Is not that very question a question of fact, or a mixed question of law and fact ? Certainly it is.
Página 530 - The resulting trust, not within the Statute of Frauds, and which may be shown without writing, is when the purchase is made with the proper moneys of the cestui que trust, and the deed not taken in his name. The trust results from the original transaction, at the time it takes place, and at no other time; and it is founded on the actual payment of money, and on no other ground.
Página 341 - Now in the case of a sale of goods, if nothing remains to be done on the part of the seller, as between him and the buyer, before the thing purchased is to be delivered, the property in the goods immediately passes to the buyer, and that in the price to the seller...
Página 72 - I am not very well satisfied with the summary mode of getting rid of a statutory provision, by calling it directory. If one positive requirement and provision of a statute may be avoided in that way, we see no reason why another may not.