Houghton v. Slack
Supreme Court of Vermont
This was an action of assumpsit, upon a promissory note; originally commenced before a justice of the peace. The justice rendered a judgment for plaintifl, upon default.
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This was an action of assumpsit, upon a promissory note; originally commenced before a justice of the peace. The justice rendered a judgment for plaintifl, upon default. The defendant then preferred his petition to the county court for a new trial, under the second section of the act of 1829, setting forth that, by a mistake of the officer who served the writ, the petitioner was informed that the court before said • justice was to be holden on the 29th day of February, 1836, • whereas the writ was, in fact, returnable on the 22d day of said February ; that the petitioner appeared at the place…
1Opinion of the Court
The opinion of the Court was delivered by
Phelps, J.
In this case it appears that judgment passed for the plaintiff upon default, in the justice’s court, upon which the defendant brought his petition for a new. trial, under the act of 1829, — that the county court granted a new trial upon the petition, proceeded to try the original cause, and rendered final judgment for the defendant. The plaintiff brings the case here by exception, and insists, 1st;— that there is error in the proceedings of the county court upon the petition, and 2dly, error in the decision in the principal suit.
Several…
2Cited by4 opinions
- Holden v. CampbellSupreme Court of Vermont · 1929
- Ross v. ShurtleffSupreme Court of Vermont · 1882
- Minkler v. Estate of MinklerSupreme Court of Vermont · 1844
- Collins v. EdsonSupreme Court of Vermont · 1883