Hall v. Dana
Supreme Court of Vermont
THIS was a bill of review, brought to reverse the decree, made in the case Dana vs. Hall and Nelson, reported in Athens' Reports, vol. 1, p. 252, which see.
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THIS was a bill of review, brought to reverse the decree, made in the case Dana vs. Hall and Nelson, reported in Athens' Reports, vol. 1, p. 252, which see. The orator, after reciting the substratum and decree final in that case, and stating that execution in common form had been prayed out on that decree, set down the following, as causes for reversal. 1st. The decree purports to have been made at the term of this Court holden at Rutland, on the fourth Monday of February, 1826 ; when there was no such term of this Court holden at that time in the county of Rutland. 2d. Your orators say, and…
1Opinion of the Court
Skinner, Chancellor,
pronounced the following opinion.
This bill is brought to reverse a decree made by this Court at January term, 1826, for error appearing in the body of the decree. Several causes are assigned for error, some of which have been abandoned, and of course will not be considered.
It is insisted, that the order or decree made on overruling the demurrer, February term, 1824, is irregular, for that no other order or decree could regularly be made, except, that the demurrer be overruled: whereas, the record shows, the court ordered and decreed that the demurrer be overruled, and that…
2Cited by4 opinions
- Thompson v. BrownNew York Court of Chancery · 1820
- Drake v. WildSupreme Court of Vermont · 1893
- Jastram v. McAuslanSupreme Court of Rhode Island · 1909
- Beaubien v. BrinckerhoffIllinois Supreme Court · 1840