Finney v. Hill
Supreme Court of Vermont
This was a petition under the statute of 30th October, 1829, praying the county court to reverse and set aside a judgment rendered by a justice of the peace, in an action of book account in favor of the petitionee against the petitioner, and that said court would hear, try and determine said action* &c.
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This was a petition under the statute of 30th October, 1829, praying the county court to reverse and set aside a judgment rendered by a justice of the peace, in an action of book account in favor of the petitionee against the petitioner, and that said court would hear, try and determine said action* &c. On the hearing of the petition the county court reversed the judgment of the justice of the peace, and proceeded to hear said case and, upon the report of an auditor, who had been appointed in the progress of the case, rendered a final judgment therein, upon such hearing, in favor of the…
1Opinion of the Court
Williams, Ch. J.
From the exceptions, it appears that Hill recovered judgment against Finney on the 26th of Nov. 1836, before a justice of the peace ; that Finney sent his son to appear for him and take an appeal. The bail was not entered in season, probably from a misapprehension of-the requirements of the statute, and execution issued for the amount of the judgment rendered by the justice. To be relieved from this judgment and execution, Finney preferred the present petition. Hill, on the return of the petition, moved to dismiss it for two reasons : 1st, that the court were not authorized to…
2Cited by1 opinion
- Green v. J. H. McLoud Co.Supreme Court of Vermont · 1913