Charles v. Howard
Supreme Court of Vermont
This was a petition for a trial or hearing in a cause where judgment had been rendered against the petitioner in the county court by default.
1Opinion of the Court
By the Court.
This court would have no jurisdiction to grant new trials in any case tried in the county court, if it were not conferred by statute, as, at common law, all applications for new trials, or for a trial in cases where judgment had been rendered by default, must have been made to the court wherein the cause had been determined. By statute, this court is empowered to “ grant a new trial in any cause determined by the county court,” &c. This provision is much in the samé terms as the statute in force before the late revision. Under that statute it was considered that the county court…
2Cited by2 opinions
- Lowry v. Indianapolis Traction & Terminal Co.Indiana Court of Appeals · 1920
- Montgomery v. VintonSupreme Court of Vermont · 1865