Davis v. Nelson's Estate
Supreme Court of Vermont
Petition asking that a case in which verdict and judgment were rendered against the petitioner as defendant therein be brought forward and that the record or docket entry therein be amended. Heard by the court, Orleans County, March Term, 1900, Watson, J., presiding. The court made and filed a written statement of the facts by it found and thereupon the prayer of the petition was denied and the petition dismissed. The petitioner excepted.
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Petition asking that a case in which verdict and judgment were rendered against the petitioner as defendant therein be brought forward and that the record or docket entry therein be amended. Heard by the court, Orleans County, March Term, 1900, Watson, J., presiding. The court made and filed a written statement of the facts by it found and thereupon the prayer of the petition was denied and the petition dismissed. The petitioner excepted. The cause was heard on exceptions-in the Supreme Court at its January Term, 1901, and after the decision of the same the petitioner moved for a re-argument.…
1Opinion of the CourtStart, J.
The petition was presented to the Orleans County Court at the March Term, 1900, and therein the petitioner asks that the case of B. M. R. Nelson’s estate against him be brought forward from the docket of the September Term, 1898, and the record or docket entry therein be amended so that the defendant in said cause may recover costs that accrued after a tender was made. The County Court denied the prayer of the petition as a matter of law, and the case comes to this court on exceptions.
It appears, that, after the original suit was commenced, the defendant therein made a tender to the plaintiff…
2Cases cited9 opinions
- Spaulding v. WarnerSupreme Court of Vermont · 1885
- Smith v. HowardSupreme Court of Vermont · 1868
- Amazon Insurance v. PartridgeSupreme Court of Vermont · 1876
- Randall & Durant v. BaconSupreme Court of Vermont · 1876
- Griffin v. TysonSupreme Court of Vermont · 1843
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3Cited by2 opinions
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