Fitzgerald Land & Lumber Co. v. Prouty & Miller
Supreme Court of Vermont
Petition, under P. S. 2017, brought to the county court, to have stricken off a default judgment rendered against the petitioner as trustee, and to secure a trial as to its liability. Trial by court, September Term, 1915, Orleans County, Slack, J., presiding. Default judgment set aside and case brought forward. The petitionees excepted. The opinion states the case.
1Opinion of the CourtHaselton, J.
This is a petition brought to the county court by the Fitzgerald Company to have stricken off a default judgment against it as trustee, and to secure a trial as to its liability. The judgment on default was rendered at the March Term, 1915, and thereafter execution was issued. This petition was served April 29, 1915.
On the hearing of the petition, the case in which the petitioner had been adjudged trustee on its default was brought forward, the judgment complained of was vacated, and the peti*365tioner was given leave to enter, and to file a disclosure, on terms. The petitionee brings exceptions.
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2Cases cited19 opinions
- Mosseaux v. BrighamSupreme Court of Vermont · 1847
- Farmers' Mutual Fire Insurance v. ReynoldsSupreme Court of Vermont · 1880
- Scott v. StewartSupreme Court of Vermont · 1833
- Babcock v. BrownSupreme Court of Vermont · 1853
- Barnes v. AlbertSupreme Court of Vermont · 1913
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3Cited by3 opinions
- In Re Walker's EstateSupreme Court of Vermont · 1927
- Wellington v. WellingtonSupreme Court of Vermont · 1964
- Thayer v. Thayer's EstateSupreme Court of Vermont · 1923