Legal Opinion

Foster v. Redfield

Supreme Court of Vermont

Decided October 15, 1877PublishedCited by 11 opinions

Petition for Mandamus, brought to the August Term, 1877, Washington County Supreme Court. The petition alleged that a libel for divorce was brought against the petitioner to the March Term of the Washington County Court, 1877, by the petitioner’s wife, alleging intolerable severity and refusal to support, and praying for the custody of their two children, for alimony, and for an injunction, restraining the petitioner from interfering with the care and custody of said…

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Petition for Mandamus, brought to the August Term, 1877, Washington County Supreme Court. The petition alleged that a libel for divorce was brought against the petitioner to the March Term of the Washington County Court, 1877, by the petitioner’s wife, alleging intolerable severity and refusal to support, and praying for the custody of their two children, for alimony, and for an injunction, restraining the petitioner from interfering with the care and custody of said children, and from selling or otherwise disposing of his real estate, summoning him to appear at said term, and enjoined him…

1Opinion of the Court

The opinion of the court was delivered by

Barrett, J.

Though no member of the court has any doubt as to the result which the law requires in this case, what is shown as constituting the case renders it so strange that such a proceeding should have been instituted and carried on to solemn argument by learned and grave counsel, as to “ give us pause ” as to what consideration and what treatment the casé should receive by the court.

It has long been familiar as established law, and constantly acted on, that the final entry, made by direction of the court on the docket of a given term of court, is…

2Cited by11 opinions

  1. Tyler v. AspinwallSupreme Court of Connecticut · 1901
  2. Leonard v. WillcoxSupreme Court of Vermont · 1928
  3. Goldreyer v. CronanSupreme Court of Connecticut · 1903
  4. Yeager v. YeagerIndiana Court of Appeals · 1909
  5. Hemenway v. HemenwaySupreme Court of Vermont · 1893

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