Robinson v. Stevens' Adm'r.
Supreme Court of Vermont
This was a petition to bring forward tbe case of O. G. Stevens v. J. M. Butters, and strike off the judgment. Heard at the February term, 1891, Tyler J., presiding. The court dismissed the petition as a matter of law, for that the petitioner had no such legal interest as would entitle him to prefer it. The petitioner excepts.
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This was a petition to bring forward tbe case of O. G. Stevens v. J. M. Butters, and strike off the judgment. Heard at the February term, 1891, Tyler J., presiding. The court dismissed the petition as a matter of law, for that the petitioner had no such legal interest as would entitle him to prefer it. The petitioner excepts. The petitioner alleged that Stevens had brought suit against Butters, then in life, to recover for cutting and drawing certain logs, and to perfect his lien upon the logs; that by fraud Stevens obtained judgment for a much larger sum than he was entitled to, and that now…
1Opinion of the Court
The opinion of the court was delivered by
TAFT, J.
The petitioner asked the County Court to have a cause in favor of Stevens, the petitionee’s intestate,against Butters, brought forward on the docket, the judgment stricken off and the cause re-heard, alleging that through the fraud of Stevens, damages were entered for too large a sum. The petitioner is neither a real nor nominal party to the record. He is not shown to be a subsequent attaching creditor, and as such entitled to defend under R. L. s. 1166. For aught that appears he is nothing but a mere trespasser, and to open a judgment upon the…
2Cited by2 opinions
- State ex rel. McConihe v. SteinerWashington Supreme Court · 1910
- In re the Estate BlumNew York Surrogate's Court · 1945