Eaton v. Houghton
Supreme Court of Vermont
IN ERROR. THE action below was an action of trover for a horse, originally commenced before a justice of the peace. The writ was dated May 23, 1825, and served on the same day, and made returnable before the said justice on the 8th day of June, 1825. It did not appear from the record of the justice, that any thing was done with the process on the return day thereof, or that he had continued the action to the fifteenth day of said June; but it did appear, that on the…
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IN ERROR. THE action below was an action of trover for a horse, originally commenced before a justice of the peace. The writ was dated May 23, 1825, and served on the same day, and made returnable before the said justice on the 8th day of June, 1825. It did not appear from the record of the justice, that any thing was done with the process on the return day thereof, or that he had continued the action to the fifteenth day of said June; but it did appear, that on the fifteenth day of June, the parties appeared before him, and that the cause was tried by a jury, who returned a verdict for the…
1Opinion of the Court
The opinion of the Court was delivered by
Hutchinson, J.
The Court entertain fears that justice has not been done, but the case is too defective to render it possible for this Court to afford a remedy. The party who would avoid a judgment by reason of error, must show that error, and must present those facts from which it can appear what law ought to govern the case, as well as .what decisions, in point of law, have been made in the case.
But one decision is objected to in this case. That is the exclusion of the deposition of Norman Smith, on occount of its irrelevancy. Non constat how the…
2Cited by3 opinions
- Huntley v. HenrySupreme Court of Vermont · 1864
- Duffee v. PenningtonSupreme Court of Alabama · 1840
- Kelley v. Town of MoretownSupreme Court of Vermont · 1899