Bundy v. Bruce
Supreme Court of Vermont
Of these three cases the first and third came by appeal from the judgment of a justice of the peace into the County Court. The second was originally brought to the County Court.
Read the full summary
Of these three cases the first and third came by appeal from the judgment of a justice of the peace into the County Court. The second was originally brought to the County Court. They were all actions in general assumpsit brought against the defendants as partners; were all referred to the same referee, and were all heard upon the report of such referee and exceptions of defendant Mallory thereto, at the December Term, 1887. Judgment for the plaintiffs ; exceptions by defendant Mallory. The question raised will 'sufficiently appear from the facts in the first case. The plaintiff’s account was…
1Opinion of the Court
The opinion of the court was delivered by
Kotce, Ch. J.
These three cases all involve the same questions,.. and will therefore be considered together.
The first and third were brought before a justice pin both defendant Bruce defaulted and judgments, were rendered upon *622•hearing against defendant Mallory, from which he appealed and took the cases to County Court. The appeal by him had the •effect to vacate the justice judgment and to bring the eases entire and de novo before the County Court. Fletcher v. Blair, ■ et als., 20 Yt. 12é.
So that in this respect they stand on the same footing as case…
2Cases cited2 opinions
- Cottrill v. VanduzenSupreme Court of Vermont · 1850
- Noyes v. CushmanSupreme Court of Vermont · 1853
3Cited by5 opinions
- Hall v. ArmstrongSupreme Court of Vermont · 1893
- Bonazzi v. FortneySupreme Court of Vermont · 1920
- American Electric Service & Maintenance Co. v. HarmanSupreme Court of Vermont · 1931
- American Electric Service & Maintenance Co. v. HarmanSupreme Court of Vermont · 1931
- Franklin v. HoadleyAppellate Division of the Supreme Court of the State of New York · 1906