Dodge v. Kendall
Supreme Court of Vermont
This was a petition to the Court for a new trial in a cause m which the petitioners were defendants, and the petitionee was plaintiff. The grounds of the application were, 1 st. new discovered evidence; 2d. surprise, and 3d. that one of the plaintiff’s witnesses in the original suit was incompetent by reason of interest.
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This was a petition to the Court for a new trial in a cause m which the petitioners were defendants, and the petitionee was plaintiff. The grounds of the application were, 1 st. new discovered evidence; 2d. surprise, and 3d. that one of the plaintiff’s witnesses in the original suit was incompetent by reason of interest. It appeared the original action was on a jail bond, and that the only issue put to the jury was, whether Dodge, the principal debtor, had' committed an escape between the 30th day of November, 1819, and the 29th day of May, 1820. To prove this issue one Moses Peck was called…
1Opinion of the CourtWilliams, J.
On this petition for a new trial in a case wherein Kendall was plaintiff and Bodge & Waterman defendants,. *35these grounds are urged as a reason for granting the prayer of petition. First, Surprise; Second, That one of the witnesses called on by the plaintiff was incompetent from interest; and Third, New discovered evidence,
It appears that on the trial the issue joined between the parties was, whether Dodge had left the liberties of the jail yard between the 30th November, 1819, and 29th May, 1820, he having obtained an act of suspension at the session of the legislature in 1819. It appears…
2Cited by2 opinions
- Clark v. GallagherSupreme Court of Vermont · 1902
- Colgate v. HillSupreme Court of Vermont · 1847