Montgomery v. Vinton
Supreme Court of Vermont
Petition to the supreme court for a new trial. The plaintiff was non-suited in the county court, and prayed for a new trial on the ground of having been deprived of his day in court by unavoidable accident.
1Opinion of the Court
Poland, Ch. J.
The petitioner has mistaken the tribunal to Which his application should have been made. This court has no jurisdiction to grant new trials in cases in the county court, except cases which have been tried in the couhty court.
All applications for relief against defaults or non-suits in the county court, must be made in the county court which ordered them. This has been long and repeatedly settled by decisions of this court. Scott v. Stewart, 5 Vt. 57; Adams v. Howard, 14 Vt. 560 ; Beckwith v. Middlesex, 20 Vt. 593 ; Foster v. Austin, 33 Vt, 615.
Petition dismissed with costs.
2Cases cited3 opinions
- Scott v. StewartSupreme Court of Vermont · 1833
- Beckwith v. Town of MiddlesexSupreme Court of Vermont · 1848
- Charles v. HowardSupreme Court of Vermont · 1842
3Cited by3 opinions
- Johnson v. ShumwaySupreme Court of Vermont · 1893
- Mutual Life Insurance v. FosterSupreme Court of Vermont · 1915
- Thompson v. MorrisonSupreme Court of Vermont · 1911