Bryant v. Pember
Supreme Court of Vermont
Assumpsit. This action was brought before J. D. Cushing, a justice of the peace. The plaintiff appealed from the decision of the justice discharging the trustee.
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Assumpsit. This action was brought before J. D. Cushing, a justice of the peace. The plaintiff appealed from the decision of the justice discharging the trustee. The record shows that the suit was continued from time to time while pending before the justice, from the 15th of May, the return day thereof, to the 25th of August, 1869 ; that one of the continuances was by L. D. Horton, a justice other than the one before whom the suit was pending, and was from the 22d-of May to the 10th of July, 1869, a period exceeding thirty days; that it was also continued from the 10th of August to the 25th…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
The question is whether the county court erred in dismissing the cause on motion of the defendant and trustee, at the December term, 1870, being the term at which the suit was decided on the appeal from a justice of the peace.
It is insisted by the counsel for the plaintiff that the principal defendant not having appealed, and as the plaintiff only appealed from the decision or judgment of the justice discharging the trustee, the principal defendant was in the county court only for the purpose of an affirmance of the judgment against him ; and…
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