Connecticut & Passumpsic Rivers Railroad v. Newell
Supreme Court of Vermont
Assumpsit for money paid and money had and received. The writ was served on the 10th of October, 1855, and was returnable at the December Term, 1855, of the Caledonia County Court, and was continued at that term. Prior to the next term held in June, 1856, the plaintiffs’ attorney sent a written notice to the defendant’s attorney to the effect that the suit was discontinued, and that he should so enter it at the call of the docket.
Read the full summary
Assumpsit for money paid and money had and received. The writ was served on the 10th of October, 1855, and was returnable at the December Term, 1855, of the Caledonia County Court, and was continued at that term. Prior to the next term held in June, 1856, the plaintiffs’ attorney sent a written notice to the defendant’s attorney to the effect that the suit was discontinued, and that he should so enter it at the call of the docket. At the June Term, 1856, the defendant’s attorney made a taxation of defendant’s costs and showed it to the plaintiffs’ attorney, who assented to its correctness.…
1Opinion of the Court
Redfield, Ch. J.
The court have had no difficulty in regard to the first question. There was not such a discontinuance of the action that it was not competent for the court to reinstate it upon the docket. Until the actual discontinuance of the action in court, it was under the control of the court. It was in their discretion to restore it, and the exercise of such discretion is not subject to revision in this court, upon exceptions. It has been held that when the process is defective, and has never been entered in court, it may be so far discontinued by notice in writing, that if a new suit…
2Cases cited5 opinions
- Hill v. DunlapSupreme Court of Vermont · 1843
- Strong v. McConnellSupreme Court of Vermont · 1838
- Corey v. GaleSupreme Court of Vermont · 1841
- Jenney v. GlynnSupreme Court of Vermont · 1839
- Wright v. DoolittleSupreme Court of Vermont · 1833
3Cited by5 opinions
- First National Bank v. BertoliSupreme Court of Vermont · 1914
- Estate of Brown v. StairColorado Court of Appeals · 1913
- James v. HodsdenSupreme Court of Vermont · 1874
- Doon v. RaveySupreme Court of Vermont · 1877
- Estate of Brown v. StairColorado Court of Appeals · 1913