Willard v. Norcross
Supreme Court of Vermont
Case for malpractice, Essex County. Heard before Miles, J., on defendant’s petition under P. S. 1492, for change of venue on the ground of local prejudice preventing an impartial trial. Petition denied, to which defendant excepted. The defendant also brought to the Supreme Court for Essex County, at its October Term, 1909, his petition for a writ of certiorari to review said proceeding for change of- venue, which petition was heard with the exceptions.
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Case for malpractice, Essex County. Heard before Miles, J., on defendant’s petition under P. S. 1492, for change of venue on the ground of local prejudice preventing an impartial trial. Petition denied, to which defendant excepted. The defendant also brought to the Supreme Court for Essex County, at its October Term, 1909, his petition for a writ of certiorari to review said proceeding for change of- venue, which petition was heard with the exceptions. The presiding judge of the county substantially held that defendant must prove beyond a reasonable doubt the existence of local prejudice…
1Opinion of the CourtRowell, C. J.
This is an action against the defendant for malpractice as a physician and surgeon. It has been twice tried by jury in Essex county court, resulting each time in a verdict for the plaintiff, and each time taken to this Court by the defendant, where such proceedings were had that new trials were granted. And then, before another trial in county court, the defendant, pursuant to the statute in such case made and provided, preferred his petition to the presiding judge of said court, representing that he can not have an impartial trial in *271that court because of the prejudice existing against him…
2Cases cited2 opinions
- In Re Pennsylvania Co.Supreme Court of the United States · 1890
- Schmidt v. MitchellCourt of Appeals of Kentucky · 1897
3Cited by1 opinion
- Central Vermont Railway Co. v. CarpenterSupreme Court of Vermont · 1912