Legal Opinion

Denison v. True

Supreme Court of Vermont

Decided May 15, 1849PublishedCited by 1 opinion

Petition to vacate the judgment of a justice of the peace, rendered upon default against the petitioner, who was summoned as trustee in the suit in which the judgment was rendered, — the petitioner alleging, that he was unjustly deprived of his day in court by fraud, accident and mistake. The defendant, who was the plaintiff in the original suit, moved to dismiss the petition, upon the ground, that one summoned as trustee cannot sustain such petition, under the statute.

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Petition to vacate the judgment of a justice of the peace, rendered upon default against the petitioner, who was summoned as trustee in the suit in which the judgment was rendered, — the petitioner alleging, that he was unjustly deprived of his day in court by fraud, accident and mistake. The defendant, who was the plaintiff in the original suit, moved to dismiss the petition, upon the ground, that one summoned as trustee cannot sustain such petition, under the statute. The county court, June Term, 1848, — Hall', J., presiding,— ordered the petition dismissed. Exceptions by petitioner. --,…

1Opinion of the Court

The opinion of the court was delivered by

Bennett, J.

It is stated, as the ground of this petition, that the .trustee was prevented from appearing at the day of the justice .court, in consequence of his having forgotten the day of the court. It might well be inquired, whether this is such a mistake, or accident, as to come within the spirit of the statute, upon which this proceeding is professedly grounded; but we do not find it necessary to pass upon this question.

We do not think a trustee can in any case maintain a petition under the statute to vacate a judgment against him, and open the…

2Cited by1 opinion

  1. Warner v. ConantSupreme Court of Vermont · 1852

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