Collins v. Edson
Supreme Court of Vermont
Petition alleging that at the March Term, 1882, of Rutland County Court, a judgment was rendered by default against the petitioner in favor of the petitionees through fraud, accident or mistake, and that the petitioner was deprived of a hearing; and praying that the judgment be set aside and for a new trial. Heard, September Term, 1882, Yeazey, J., presiding.
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Petition alleging that at the March Term, 1882, of Rutland County Court, a judgment was rendered by default against the petitioner in favor of the petitionees through fraud, accident or mistake, and that the petitioner was deprived of a hearing; and praying that the judgment be set aside and for a new trial. Heard, September Term, 1882, Yeazey, J., presiding. The recognizance minuted on the petition was ds follows : “ John Brislin recognized to the petitionees in the sum of seventy dollars, conditioned as provided by law.” The defendants filed a motion to dismiss the petition on the ground…
1Opinion of the Court
The opinion of the court was delivered by
Taft, J.
The defendants moved to dismiss the petition on the ground that the minute of the recognizance was defective in stating that it was “ conditioned as provided by. law.” The presumption is that the recognizance was properly taken, and that the record when made will state its terms in full. We think the statute was fully complied with. See Ross v. Shurtleff et al. 55 Vt. If defective, the petition should not have been dismissed, but retained and new security ordered. Houghton v. Slack, 10 Vt. 520.
Judgment affirmed.
2Cases cited1 opinion
- Houghton v. SlackSupreme Court of Vermont · 1838