Barney v. Goff
Supreme Court of Vermont
THIS was a petition for a new trial, in an action tried at the last term of this Court. On a hearing of the petition, it appeared that Jonathan Barney, the petitioner, had, as assignee of the Sheriff of Washington County, brought an action on a gaol bond executed by Bethuel Goff as principal, and Benjamin Cady as surety.
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THIS was a petition for a new trial, in an action tried at the last term of this Court. On a hearing of the petition, it appeared that Jonathan Barney, the petitioner, had, as assignee of the Sheriff of Washington County, brought an action on a gaol bond executed by Bethuel Goff as principal, and Benjamin Cady as surety. At the last term of the Court, the defendants, by leave of tbe Court, waiving their former plea, pleaded non est factum, with the following notice — “ Agreeably to the statute in such case made and provided, the defendants give notice, that they will on the trial give…
1Opinion of the Court
Chipman, Ch. J.
delivered the opinion of the Court.
It is true, as remarked by the counsel for the defendant, that the Court will not easily be induced to grant a new trial, in a case where they can see clearly that justice has been done, merely because the Judges, on the trial, made a mistake in point of law : but it ought to be added, unless the mistake be of such a nature, and pf such a magnitude, as that it ought to be corrected for the sake of general justice. The mistake may be of such a nature as to render it impossible for the Court to ascertain whether justice has been done or not. For…
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