Burton v. Wiley
Supreme Court of Vermont
Appeal from the court of chancery. The bill was brought to obtain a new trial at law, in an action which had been determined at law. The defendant demurred to the bill in the court of chancery. Chancellor Collamer dismissed the bill, and the plaintiff appealed to this court. The substantial grounds for relief, alleged in the hill, sufficiently appear in the opinion of the court. Insisted — I. That the court of chancery has power to decree a new trial, and cited 1 Story’s Eq.
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Appeal from the court of chancery. The bill was brought to obtain a new trial at law, in an action which had been determined at law. The defendant demurred to the bill in the court of chancery. Chancellor Collamer dismissed the bill, and the plaintiff appealed to this court. The substantial grounds for relief, alleged in the hill, sufficiently appear in the opinion of the court. Insisted — I. That the court of chancery has power to decree a new trial, and cited 1 Story’s Eq. Juris. 179. 2 Story’s Eq. Juris. 173. Mitfordjby Jeremy 153. Tilly y. Wharton, 2 Vern. 278. 1 Eq. Cas. Abr. 377. Torey…
1Opinion of the Court
The opinion of the court was delivered by
Rediueld, Ch. J.
This is .a bill in chancery, to obtain a new trial in a case, finally determined in this court upon exceptions, the judgment having been entered up for nominal damages, on account of an omission to prove a demand, made upon this orator, and by consent of the counsel, in this court. It is not alleged in the bill, nor is there any pretence, of any fraud or influence of the defendant in the matter. The bill is based altogether upon the misapprehension of the counsel as to the facts, or the proof existing of the fact, in which the case was…
2Cases cited6 opinions
- Carrington v. HolabirdSupreme Court of Connecticut · 1846
- Emerson v. UdallSupreme Court of Vermont · 1841
- Hall v. HallSupreme Court of Vermont · 1836
- Fletcher v. WarrenSupreme Court of Vermont · 1843
- Inhabitants of the County of Essex v. BeerySupreme Court of Vermont · 1829
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Crim v. HandleySupreme Court of the United States · 1877
- Sayre v. CommonwealthCourt of Appeals of Kentucky · 1922
- State v. JonesMissouri Court of Appeals · 1882
- Camp v. WardSupreme Court of Vermont · 1897
- State v. BengeSupreme Court of Iowa · 1883
7 more not listed; retrieve them via the Exa API.