Legal Opinion

Beckwith v. Town of Middlesex

Supreme Court of Vermont

Decided April 15, 1848PublishedCited by 7 opinions

Petition for a new trial, for the alleged cause, that the petitioner, by accident, failed to enter bail for a review of the case in the county court, within the required time.

1Opinion of the Court

By the Court.

The relief sought is asked .mainly upon the ground, that the case comes within the equity of section six of chapter thirty three of the Revised Statutes, which gives the supreme court power to allow an appeal from the probate court, or from the decision of commissioners, when the petitioner has been prevented from entering the appeal by fraud, accident, or mistake. But we think, clearly, it will not do to give to this statute such an extension beyond its natural scope. It was intended to provide for a particular class of cases, and cannot, with propriety, be extended to any other…

2Cited by7 opinions

  1. State v. BrownSupreme Court of Vermont · 1960
  2. Noyes v. SpauldingSupreme Court of Vermont · 1855
  3. Town of Westmore v. Town of SheffieldSupreme Court of Vermont · 1883
  4. In re Will of SmithSupreme Court of Vermont · 1914
  5. Montgomery v. VintonSupreme Court of Vermont · 1865

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