Terms Used In Vermont Statutes Title 12 Sec. 4989

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • grant: as used in this chapter shall mean grants or charters of lands lying in this State, made by the king of Great Britain, or by this State or any other government; acts of the General Assembly granting to individuals rights or privileges not common to all the citizens of the State; and acts of incorporation for any purpose. See
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Verdict: The decision of a petit jury or a judge.

§ 4989. Grantees may defend severally; jury trial

When several grantees claim under the same grant, each may answer separately, denying the allegations in the complaint, or pleading performance of the conditions of the grant or asserting any equitable reason why the grant should not be forfeited. Issues of fact shall be tried by jury, and the jury may return a general or special verdict, except that issues raised by any equitable defense shall be determined by the presiding judge. (Amended 1971, No. 185 (Adj. Sess.), § 147, eff. March 29, 1972.)