Town of Fairfield v. King
Supreme Court of Vermont
This was a petition brought to set aside the judgment of a justice of the peace, in which petition it is alleged, among other things, that the petitioners were unjustly deprived of their day in court by accident and mistake. The petitioners introduced a certified copy of the record of the judgment, King v. Town of Fair-field, with the officer’s return on the original writ.
Read the full summary
This was a petition brought to set aside the judgment of a justice of the peace, in which petition it is alleged, among other things, that the petitioners were unjustly deprived of their day in court by accident and mistake. The petitioners introduced a certified copy of the record of the judgment, King v. Town of Fair-field, with the officer’s return on the original writ. It appeared from said record that King commenced the suit against said town and obtained the judgment by default for $125 damages and $5.89 costs. Upon the testimony in the case the county court found the following facts,…
1Opinion of the Court
The opinion of the court was delivered by '
Pibbpoint, O. J.
The principal question involved in this case is whether the writ in the original action of King v. Fairfield *615was legally served, the county court having decided as a matter •of law, upon the facts found and stated in the exceptions, that .it was.
The writ was served upon the town by leaving a copy thereof with Augusta Soule, the assistant town clerk of said town of Fairfield, who had charge of the town clerk’s office and discharged the official duties of the town clerk. At the time the service was so made, the town clerk was not out of…
2Cases cited1 opinion
- Town of Charleston v. Town of LunenburghSupreme Court of Vermont · 1849
3Cited by2 opinions
- City of Watertown v. RobinsonWisconsin Supreme Court · 1887
- Kelly v. City of MinneapolisSupreme Court of Minnesota · 1899