Barber v. Graves
Supreme Court of Vermont
This was an action of trespass on the freehold, originally commenced before a justice of the peace, and entered in the county court, by appeal of the defendant, at the September term, 1842. At the April term, 1843, judgment was rendered, on trial, in favor of the plaintiff.
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This was an action of trespass on the freehold, originally commenced before a justice of the peace, and entered in the county court, by appeal of the defendant, at the September term, 1842. At the April term, 1843, judgment was rendered, on trial, in favor of the plaintiff. Upon this judgment a writ of error was brought by the defendant, returnable before the supreme court, January term, 1844, in which the appearance of the defendant by attorney in the county court, and his infancy at the time of such appearance, was assigned for error. The supreme court reversed the judgment of the county…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
This case comes before us on exceptions to the decision of the county court in refusing to dismiss the cause on motion of the defendant. The defendant, an infant, was sued before a justice of the peace, and appeared before the justice, but not by guardian; a judgment was rendered against him, from which he took an appeal; at the county court a judgment was again rendered against him; but, as he appeared by attorney, and not by guardian, on a writ of error brought by him the judgment of the county court was reversed, and the cause…
2Cited by13 opinions
- McMurray v. . McMurrayNew York Court of Appeals · 1876
- King v. WilsonCalifornia Court of Appeal · 1931
- Childs v. LantermanCalifornia Supreme Court · 1894
- Williams v. TookeCourt of Appeals of Texas · 1938
- Hollis v. DashiellTexas Supreme Court · 1879
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