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, Volume 55 |
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action admissible aforesaid alleged Allen amount appear applied ASSUMPSIT attachment Bank Barnes bill bonds Brownington Caledonia County certificates Chancery charge claim contract County Court Court of Chancery court of equity court was delivered creditors Culver damages debt declaration decree deed defendant defendant's demurrer discharge dividend dollars duty entitled equity error evidence tending execution facts farm fendant fraud held highway horse husband injury insured interest issue Johnsbury JONATHAN ROSS judgment jurisdiction jury justice land legacies liable lien Martha Scott matter ment mortgage mortgagor negligence notice opinion orator oratrix paid party payment petition plaintiff plea possession preferred stock premises proceedings purchase question railroad company recover referred road Roakes rule Rutland RUTLAND RAILROAD scrip statute stockholders subrogated suit tended to show Term testator testimony thereof tion town trial Trial by jury trust VEAZEY verdict WHEELOCK G wife witness writ
Popular passages
Page 32 - ... in case the witness shall in the opinion of the Judge prove adverse, contradict him by other evidence, or, by leave of the Judge, prove that he has made at other times a statement inconsistent with his present testimony; but before such last-mentioned proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement.
Page 496 - That such is the nature of this proceeding in this latter class of cases is clearly evinced by two wellestablished propositions: first, the judgment of the court, though in form a personal judgment against the defendant, has no effect beyond the property attached in that suit. No general execution can be issued for any balance unpaid after the attached property is exhausted.
Page 108 - ... thereof, then, and in every such case, this policy shall cease and determine, and said company shall not be liable for the payment of the sum insured, or any part thereof, except as hereinafter provided.
Page 497 - If, however, those goods, effects, and credits, are insufficient to satisfy the judgment, and the creditor should sue an action on that judgment in this State to obtain satisfaction, he must fail, because the defendant was not personally amenable to the jurisdiction of the court rendering the judgment.
Page 196 - Insolvent laws of one State cannot discharge the contracts of citizens of other States, because they have no extra-territorial operation, and consequently the tribunal sitting under them, unless in cases where a citizen of such other State voluntarily becomes a party to the proceeding, has no jurisdiction in the case. Legal notice cannot be given, and consequently there can be no obligation to appear, and of course there can be no legal default.
Page 445 - It may therefore be said that the concurrent jurisdiction of equity extends to all cases of legal rights where, under the circumstances, there is not a plain, adequate, and complete remedy at law.
Page 91 - The master is not, and cannot be, liable to his servant unless there be negligence on the part of the master in that in which he, the master, has contracted or undertaken with his servant to do.
Page 495 - If the defendant appears, the cause becomes mainly a suit in personam, with the added incident, that the property attached remains liable, under the control of the court, to answer any demand which may' be established against the defendant by the final judgment of the court. But if there is no appearance of the defendant, and no service of process on him, the case becomes in its essential nature a proceeding in rem...
Page 32 - England by the act referred to, whereby it is enacted that " a party producing a witness shall not be allowed to impeach his credit by general evidence of bad character ; but...
Page 145 - All persons insured by this company, and sustaining loss or damage by fire, are forthwith to give notice thereof to the company ; and, as soon after as possible, to deliver in a particular account of such loss or damage, signed with their own hands, and verified by their oath or affirmation...