Putnam v. Lawrence
Supreme Court of Vermont
Petition for a new trial. The original cause was tried at the September Term, 1874, the trial beginning on October 2d, and the testimony closing October 6th. The court adjourned on November 23d, and judgment was rendered as of that day.
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Petition for a new trial. The original cause was tried at the September Term, 1874, the trial beginning on October 2d, and the testimony closing October 6th. The court adjourned on November 23d, and judgment was rendered as of that day. The petitioner thereupon brought a petition like the present one, and for the same cause, which was heard and dismissed at the General Term, 1876, the court adjourning on November 23. On November 22, one day before that adjournment, this petition was served on the petitionee. At the present term the petitionee moved to dismiss the petition, for that the…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
This cause stands upon a motion to dismiss a petition for a new trial. The petition was served on Lawrence on *67the 22d day of November 1876. Putnam had brought a like petition for the same cause, which was dismissed at the General Term of the Supreme Court, which adjourned on the 23d day of November, 1876. The motion to dismiss in the present case is sustained on the second ground assigned in the motion. It falls within the views expressed in Mann v. Fairlee, 44 Vt. 678, and in Shepard v. Hayes, 16 Vt. 486. We think those views sound in…
2Cases cited2 opinions
- Mann v. Town of FairleeSupreme Court of Vermont · 1872
- Shepherd v. HayesSupreme Court of Vermont · 1844