Goddard v. Fullam
Supreme Court of Vermont
Petition to strike off a default. The petition represented that the petitioner now resides and always has resided in Massachusetts ; that in March, 1859, a writ declaring in trespass' for a quantity of lumber was served upon him in favor of the petitionee, Sewall Fullam ; that the petitioner employed Hon. Reuben Washburn, then of Ludlow, Vt., now deceased, to defend said suit; that he informed said Washburn that he had a perfect defence, and thought the case would never be…
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Petition to strike off a default. The petition represented that the petitioner now resides and always has resided in Massachusetts ; that in March, 1859, a writ declaring in trespass' for a quantity of lumber was served upon him in favor of the petitionee, Sewall Fullam ; that the petitioner employed Hon. Reuben Washburn, then of Ludlow, Vt., now deceased, to defend said suit; that he informed said Washburn that he had a perfect defence, and thought the case would never be entered in court; that he heard nothing more from this suit, and supposed it had never been entered in court, until he…
1Opinion of the Court
*76The opinion of the court was delivered by
Aldis, J.
The case stands solely upon exceptions to the decision of the county court in denying the motion to dismiss the petition of the plaintiff. Do the facts stated in the petition give the county court jurisdiction?
Scott v. Stewart, 5 Vt. 57, was a petition to set aside a judgment obtained by default through some mistake. The defendant objected on two grounds. 1st, that the 17th section of the statute of 1825 gave the exclusive jurisdiction of granting new trials to the supreme court, and 2d, that the facts set forth in the petition clid not…
2Cases cited3 opinions
- Mosseaux v. BrighamSupreme Court of Vermont · 1847
- Scott v. StewartSupreme Court of Vermont · 1833
- Adams v. HowardSupreme Court of Vermont · 1842
3Cited by5 opinions
- Farmers' Mutual Fire Insurance v. ReynoldsSupreme Court of Vermont · 1880
- Johnson v. ShumwaySupreme Court of Vermont · 1893
- Mutual Life Insurance v. FosterSupreme Court of Vermont · 1915
- St. Pierre v. BeauregardSupreme Court of Vermont · 1931
- Fitzgerald Land & Lumber Co. v. Prouty & MillerSupreme Court of Vermont · 1916