Hall v. Lamb
Supreme Court of Vermont
Appeal from an order of the court of chancery. The orators brought their bill to enjoin the defendants from collecting certain promissory notes signed and endorsed by the orators.
Read the full summary
Appeal from an order of the court of chancery. The orators brought their bill to enjoin the defendants from collecting certain promissory notes signed and endorsed by the orators. The bill was taken as confessed, for want of an answer, and a decree in accordance with the prayer was entered, made up, signed and left with the clerk for record, after which an application was made to the court of chancery to vacate said decree and allow the defendants to file answers and defend the suit upon its merits. Upon this application the court of chancery, March Term, 1855,— Peck, Chancellor, — upon a…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
We entertain no doubt as to the power of the chancellor to vacate such a decree as was made in this case, even-after its enrolment, for the purpose of giving the defendants an opportm *86nity of defending the hill on its merits, when they have been deprived of that defense by mistake, accident, or even negligence. It was so expressly ruled by Ch. Kent; in Beekman v. Peck, 3 John. Ch. 415, and by Ch. Walworth, in Millspaugh v. McBride, 7 Paige 509, and in Kemp v. Squire, 1 Ves. 205. In the case of Wooster v. WoodhuU, 1 John. Ch. 540, Ch. Kent…
2Cases cited1 opinion
- Millspaugh v. McBrideNew York Court of Chancery · 1839
3Cited by5 opinions
- Nelson v. BrownSupreme Court of Vermont · 1887
- Gove v. Gove's Admr.Supreme Court of Vermont · 1914
- Philbrick v. JohnsonSupreme Court of Vermont · 1917
- Smith v. ScribnerSupreme Court of Vermont · 1886
- Vermont Savings Bank v. BaileySupreme Court of Vermont · 1913