Phelps, Dodge & Co. v. C. B. Conant & Co.
Supreme Court of Vermont
Assumpsit upon the common counts. The plaintiffs filed a specification setting forth two notes in favor of the plaintiffs against William Wheeler & Co., and payable at the office of the defendants, upon which judgments had been rendered against Wheeler & Co., and claimed to recover the amounts due thereon at the date of the transfer from Wheeler & Co. to the defendants of their real estate, etc., as set forth below.
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Assumpsit upon the common counts. The plaintiffs filed a specification setting forth two notes in favor of the plaintiffs against William Wheeler & Co., and payable at the office of the defendants, upon which judgments had been rendered against Wheeler & Co., and claimed to recover the amounts due thereon at the date of the transfer from Wheeler & Co. to the defendants of their real estate, etc., as set forth below. Plea, the general issue and trial by jury at the March Term, 1857, — Kixxredge, J., presiding. The plaintiffs introduced evidence tending to show that, during the time of the…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
I. The first question is, whether the presiding judge of the county court, after his term of office expires, can be allowed to possess any authority to amend the bill of exceptions. We think it can not be admitted that he possesses any such authority. The statute vests the presiding judge with the power of the court, in allowing and placing exceptions upon the record. And from this he has been allowed an incidental power to amend the exceptions according to the facts, up to the time of trial in this *283court. The practice is a loose one,…
2Cases cited1 opinion
- Crampton v. Administrator of BallardSupreme Court of Vermont · 1838
3Cited by29 opinions
- Lesser Cotton Co. v. St. Louis, I. M. & S. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
- State v. PatnaudeSupreme Court of Vermont · 1981
- Gibbons v. Wisconsin Valley RailroadWisconsin Supreme Court · 1883
- Fairchild v. North-Eastern Mutual Life Ass'nSupreme Court of Vermont · 1879
- Cummings v. Conn. Gen. Life Ins. Co.Supreme Court of Vermont · 1930
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