Legal Opinion

Bingham v. Tenney

Supreme Court of Vermont

Decided January 26, 1990No. 86-367PublishedCited by 31 opinions

1Opinion of the CourtAllen, C.J.

In a statutory trespass action for the alleged cutting and removal of trees, defendant appeals from the trial court’s denial of his Rule 60(b) motion for relief from judgment. We reverse and remand.

The trial court granted plaintiff’s motion for summary judgment. The sole ground for granting the motion was that defendant had failed to oppose the motion by affidavit and therefore had failed to raise a genuine issue as to any material fact within the meaning of V.R.C.P. 56(c). Plaintiff filed an affidavit in support of his motion for summary judgment. Defendant did not file an affidavit in…

2Cases cited8 opinions

  1. Marian Fontenot, Etc. v. The Upjohn CompanyCourt of Appeals for the Fifth Circuit · 1986
  2. Marshall Stewart, Jr., Plaintiff-Appellant-Cross-Appellee v. Rca Corporation, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Seventh Circuit · 1986
  3. Vahlteich v. KnottSupreme Court of Vermont · 1981
  4. Greenmoss Builders, Inc. v. Dun & Bradstreet, Inc.Supreme Court of Vermont · 1988
  5. Margison v. SpriggsSupreme Court of Vermont · 1985

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3Cited by31 opinions

  1. Kelly v. Town of BarnardSupreme Court of Vermont · 1990
  2. John A. Russell Corp. v. BohligSupreme Court of Vermont · 1999
  3. Sandgate School District v. CateSupreme Court of Vermont · 2005
  4. Courtyard Partners v. TannerSupreme Court of Vermont · 1991
  5. Town of Washington v. EmmonsSupreme Court of Vermont · 2007

26 more not listed; retrieve them via the Exa API.

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