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, Volum 45 |
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volum 61 Vermont. Supreme Court Uten tilgangsbegrensning - 1889 |
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volum 2 Vermont. Supreme Court Uten tilgangsbegrensning - 1888 |
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action Adm'r aforesaid agreement alleged amount appear ASAHEL PECK ASSUMPSIT attachment Bank and Sanderson BARRETT bill chancery charge common law condition contract counsel county court court of chancery court of equity court was delivered damages debt declaration deed defendant defendant excepted defendant's Dummerston duty dwelling-house entitled evidence execution fact fendant fraud held highway hill road injury intestate JONATHAN ROSS judgment jurisdiction jury land Landgrove liable marriage ment Montpelier mortgage notice opinion orator order of removal oxen paid parties payment person petition plaintiff plea possession premises purchased purpose question received recover referee repair rule Rutland R. R. Sanderson Brothers selectmen Smith sold Stat statute suit supra tending to show term testified testimony thereof tiff tion town trial Union Arms Company wagon Waitsfield Wardsboro Whitingham wife Willard Windham county Winhall witness writ
Populære avsnitt
Side 322 - The owner may resist the entry, but he has no right to kill, unless it be rendered necessary to prevent a felonious destruction of his property, or to defend himself against loss of life or great bodily harm.
Side 323 - Wharton incorporates this into his work as text. The same is found in the older books. 1 Hale, 485-6 ; also in Foster's Crown Law, 273; 1 Russell, 667; and in other books, ad lib. But, to apprehend this in its true scope and application, it is important to have in mind what is said in 1 Russell, 668: "The rule clearly extends only to cases of felony; for if one come to beat another, or take his goods merely as a trespasser, though the owner may justify the beating of him so far as to make him desist,...
Side 321 - ... by the assailant, but he may meet him at the threshold, and prevent him from breaking in by any means rendered necessary by the exigency; and upon the same ground and reason...
Side 320 - And now I am to consider homicide se defendendo, which seems to be where one who has no other possible means of preserving his life from one who combats with him on a sudden quarrel, or of defending his person from one who attempts to beat him (especially if such attempt be made upon him in his own house), kills the person by whom he is reduced to such an inevitable necessity.
Side 422 - The lessee brought an action upon the case, founded in tort against A., for having neglected to perform the covenants during the time he continued assignee, and the question was, whether the action would lie, and it was held that it would.
Side 323 - In the case of justifiable self-defence the injured party may repel force by force in defence of his person, habitation or property against one who manifestly intendeth and endeavoureth by violence or surprise to commit a known felony upon either.
Side 259 - The inhabitants of this State shall have liberty in seasonable times, to hunt and fowl on the lands they hold, and .on other lands not inclosed; and in like manner to fish in all beatable and other waters (not private property) under proper regulations, to be hereafter made and provided by the General Assembly.
Side 321 - ... the making an attack upon a dwelling, and especially at night, the law regards as- equivalent to an assault upon a man's person, for a man's house is his castle...
Side 315 - When the killing is proved to have been committed by the defendant, and nothing further is shown, the presumption of law is that it was malicious and an act of murder ; but in such a case the verdict should be murder of the second degree, and not murder of the first degree.
Side 320 - The idea that is embodied in the expression that, a man's house is his castle, is not that it is his property, and, as such, he has the right to defend and protect it by other and more extreme means than he might lawfully use to defend and protect his shop, his office, or his barn. The sense in which the house has a peculiar immunity is, that it is sacred for the protection of his person and J State ti.