Johnson v. Shumway
Supreme Court of Vermont
This was a petition to bring forward a case, and for a new trial. The petitionee moved to dismiss. Heard at the June term, 1892, Munson, J., presiding. The court dismissed the petition as a matter of law, and the petitioner excepted. The opinion states the case. The county court, in virtue of its common law power over its own judgments, could grant the relief asked for.
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This was a petition to bring forward a case, and for a new trial. The petitionee moved to dismiss. Heard at the June term, 1892, Munson, J., presiding. The court dismissed the petition as a matter of law, and the petitioner excepted. The opinion states the case. The county court, in virtue of its common law power over its own judgments, could grant the relief asked for. Scott v. Steward, 5 Vt. 57 ; Adams v. Howard, 14 Vt. 158 ; Adams v. Howard, 14 Vt. 560; Hyde v. Haskell, 10 Vt. 427 ; Beckwith v. Middlesex, 20 Vt. 593; Montgomery v. Vin-ton, 37 Vt. 514; Goddard v. Fullam, 38 Vt. 75 > N«s. v.…
1Opinion of the Court
The opinion of the court was delivered by
TYLER, J.
The exceptions state that this was a petition under the statute, addressed to the county court, praying that a cause might be brought forward, the judgment therein struck off and a new trial granted. It is said in the petitioner’s brief that the case presented is within the- equity of section 1,422, R. L. That section provides that when a judgment is rendered by a county court upon default, and the defendant or trustee therein is unjustly deprived of a hearing by fraud, accident or mistake, the party so deprived of a hearing may bring his…
2Cases cited5 opinions
- Farmers' Mutual Fire Insurance v. ReynoldsSupreme Court of Vermont · 1880
- Scott v. StewartSupreme Court of Vermont · 1833
- Goddard v. FullamSupreme Court of Vermont · 1865
- Foster v. AustinSupreme Court of Vermont · 1861
- Montgomery v. VintonSupreme Court of Vermont · 1865
3Cited by11 opinions
- Lincoln v. Central Vermont Railway Co.Supreme Court of Vermont · 1909
- Paul v. DrownSupreme Court of Vermont · 1937
- Fitzsimons v. Richardson, Twigg & Co.Supreme Court of Vermont · 1912
- Ainger v. White's Admrx.Supreme Court of Vermont · 1912
- Mutual Life Insurance v. FosterSupreme Court of Vermont · 1915
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