Wires & Peck v. Farr
Supreme Court of Vermont
In the argument of this case, a question was made, how far it^ was competent for this court, in a case standing upon pleadings and demurrers, to revise any decision of the county court, except the very point upon which the case was made to turn in that court.
1Opinion of the Court
Bx the Court.
If the judgment below is affirmed, it will become unnecessary to look into any other question determined there, except the very one upon which the case was ended. But if that judgment is found erroneous, and is reversed, it then is the settled practice of this court to look into all the issues standing upon the record, and render such a judgment, as the county court should have rendered. The party against whom the case is determined below, excepts to the judgment, and not to the successive steps by which the. court came to that result. So, too, the other party might have had many…
2Cases cited1 opinion
- Porter v. SmithSupreme Court of Vermont · 1848