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, Band 64
J. Spooner, 1893
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action admissible Admr agreement alleged allowed amount answer appear authority Bank bill bridge cars cause charge claimed condition consideration construction contract County County Court court damages death debt decree deed defendant defendant's delivered determined direct district effect entitled error established et al evidence exception facts finding follows further give given held highway hold husband injury interest intestate issue judge judgment jury land liable Mass matter means mortgage necessary notice objection offered opinion orator owner paid parties payment person plaintiff plea possession premises present purchase question railroad reason received record recover reference relation respect rule secure statute sufficient suit taken tended to show term testified testimony tion town trial unless verdict wife witness
Seite 659 - ... and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.
Seite 492 - When there is a question whether an act was accidental or intentional, the fact that such act formed part of a series of similar occurrences, in each of which the person doing the act was concerned, is deemed to be relevant.
Seite 241 - Provided, that in actions where one of the original parties to the contract or cause of action in issue and on trial is dead...
Seite 648 - This doctrine has been greatly modified in modern times, and it is now a common practice, in cases where irremediable mischief is being done or threatened, going to the destruction of the substance of the estate, such as the extracting of ores from a mine, or the cutting down of timber, or the removal of coal, to issue an injunction, though the title to the premises be in litigation. The authority of the court is exercised in such cases, through its preventive writ, to preserve the property from...
Seite 394 - ... other valuable thing for its use, or for the use of any of its shareholders or creditors; and all payments of money to either, made after the commission of an act of insolvency, or in contemplation thereof...
Seite 577 - If it is intended to take effect by transfer, the court will not hold the intended transfer to operate as a declaration of trust, for then every imperfect instrument would be made effectual by being converted into a perfect trust.
Seite 549 - It is an established rule in the exposition of statutes that the intention of the lawgiver is to be deduced from a view of the whole and of every part of a statute taken and compared together.
Seite 396 - A valuable consideration, in the sense of the law, may consist either in some right, interest, profit, or benefit accruing to one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other": Currie v Misa (1875) LR 10 Exch 153 at 162.
Seite 73 - Kansas, 572, 575, a case of murder of the first degree, that there was no testimony tending to show that the defendant was guilty of manslaughter in either the first, second, or fourth degrees, instructions as to those degrees should not have been, given ; and in Robinson v. State, 84...