Prior v. Wilbur
Supreme Court of Vermont
This was a writ of error to the Chittenden County Court and was heard upon motion to dismiss and demurrer. The defendant in error, Wilbur, originally brought suit against the plaintiff in error, Prior, in the Burlington City Court, and there recovered judgment, from which an appeal was taken to the County Court.
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This was a writ of error to the Chittenden County Court and was heard upon motion to dismiss and demurrer. The defendant in error, Wilbur, originally brought suit against the plaintiff in error, Prior, in the Burlington City Court, and there recovered judgment, from which an appeal was taken to the County Court. The material allegations of the writ were as follows : “ That on said 21st day of January, 1890, judgment was rendered by said City Court in favor of said L. F. Wilbur, in said suit, and the same was appealed by the said Cyrus Prior, to the April term, 1890, of Chittenden County…
1Opinion of the Court
The opinion of the court was delivered by
MUNSON, J.
It is evident that the record before us is insufficient to entitle the plaintiff in error to the relief sought. It cannot be seen from what appears of record that the action of the court below was improper. Every presumption is to be made in favor of the judgment that is not positively inconsistent with the record. Campbell v. Patterson, 7 Vt. 86. It certainly was within the discretion of the County Court, upon proper notice to the defendant, to permit the amendment and give 'judgment the first term. The record does not exclude the…
2Cases cited2 opinions
- Campbell v. PattersonSupreme Court of Vermont · 1835
- Arthurton v. DurkeeSupreme Court of Vermont · 1824
3Cited by5 opinions
- State v. WintersSupreme Court of Vermont · 1929
- Oakes v. BuckmanSupreme Court of Vermont · 1913
- State v. MuzzySupreme Court of Vermont · 1913
- Davis v. ReynoldsSupreme Court of Vermont · 1921
- Potter v. ThompsonSupreme Court of Vermont · 1892