Ward v. Ward

Supreme Court of Vermont

Ward v. Ward

99 A. 635, 91 Vt. 157, 1917 Vt. LEXIS 223

CourtSupreme Court of Vermont

DecidedJanuary 18, 1917

StatusPublished

Cited by2 cases

This text of 99 A. 635 (Ward v. Ward) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ward v. Ward, 99 A. 635, 91 Vt. 157, 1917 Vt. LEXIS 223 (Vt. 1917).

Pincite

Opinion

Powers, J.

During his argument, counsel for the plaintiff told the jury that the disclosure of the trustee showed the sum of $1,300 in the Burlington Savings Bank to the defendant’s credit.. This was excepted to and requires a reversal. The disclosure of the trustee, though filed in the case, was no part of the evidence, and reference to its contents was wholly unwarranted. Blaisdell v. Davis, 72 Vt. 295, 48 Atl. 14; Drown v. Oderkirk, 89 Vt. 484, 96 Atl. 11. A reference to a defendant’s financial condition is one naturally prejudicial to his case, and we have no doubt that it had this effect in the case before us.

Reversed and remanded.

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Powers, J.

During his argument, counsel for the plaintiff told the jury that the disclosure of the trustee showed the sum of $1,300 in the Burlington Savings Bank to the defendant’s credit.. This was excepted to and requires a reversal. The disclosure of the trustee, though filed in the case, was no part of the evidence, and reference to its contents was wholly unwarranted. Blaisdell v. Davis, 72 Vt. 295, 48 Atl. 14; Drown v. Oderkirk, 89 Vt. 484, 96 Atl. 11. A reference to a defendant’s financial condition is one naturally prejudicial to his case, and we have no doubt that it had this effect in the case before us.

Reversed and remanded.

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Bluebook (online)

99 A. 635, 91 Vt. 157, 1917 Vt. LEXIS 223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ward-v-ward-vt-1917.

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