Church v. French
Supreme Court of Vermont
Petition for an appeal. Heard at tbe December Term, 1881, Taft, J., presiding; and petition dismissed. It appeared that the petitionees had brought a suit against one Marsh, and summoned the petitioner as trustee; that the ad damnum in the writ was $16 ; that the defendant did not appear, and was defaulted by the justice ; that the petitioner appeared and disclosed that he was not indebted to the defendant, and filed his specification, claiming in offset $32.85, which was…
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Petition for an appeal. Heard at tbe December Term, 1881, Taft, J., presiding; and petition dismissed. It appeared that the petitionees had brought a suit against one Marsh, and summoned the petitioner as trustee; that the ad damnum in the writ was $16 ; that the defendant did not appear, and was defaulted by the justice ; that the petitioner appeared and disclosed that he was not indebted to the defendant, and filed his specification, claiming in offset $32.85, which was made up of the following items: damage quitting woi;k, $20.00 ; use of horse, $1.00 ; making shirts and mending, $1.00;…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
This was a petition brought under sec. 1428, Revised Laws, setting forth that the petitioner was deprived of an appeal by accident or mistake, and praying that the judgment rendered against him by the justice of the peace may be reversed and set aside ; and that he may be allowed to enter his appeal in the County Court. The petitioner was summoned as the trustee of the principal defendant in the justice suit; and the judgment that *422he claimed the right to appeal from was rendered against him as such trustee. The claim that was litigated in…
2Cases cited2 opinions
- Carlton v. CoffinSupreme Court of Vermont · 1856
- Van Buskirk v. MartinSupreme Court of Vermont · 1856
3Cited by2 opinions
- American Express Co. v. GraySupreme Court of Vermont · 1890
- Howard & Brown v. GammonSupreme Court of Vermont · 1906