Babcock v. Brown
Supreme Court of Vermont
Petition brought to vacate a judgment rendered by a justice of the peace, by default, in favor of the petitionee, and against the petitioner.
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Petition brought to vacate a judgment rendered by a justice of the peace, by default, in favor of the petitionee, and against the petitioner. Issue to the court. ■ On trial, it was proved that the writ in said justice suit was served on the petitioner, by copy, which was made by the petitionee, and that the same was not a true copy of the original writ, in this, — that the original writ designated the dwelling house of the justice signing the writ, as being the place for holding said court, or returning said writ, and that said copy did not designate any place of return, or any place for…
1Opinion of the Court
*552The opinion of the court was delivered by
Bennett, J.
The County Court adjudged, that the petitioner had not been unjustly deprived of his day in court, by fraud, accident, or mistake. All that the ease shows is, that the attorney forgot the day of the court, without detailing any of the circumstances, and consequently the defendant was defaulted. It is a case of pure negligence on the part of the. attorney; and the question is, whether the statute is to be extended to a case of this kind. The statute has probably received, practically, somewhat of a latitudinarian construction; but we…
2Cited by9 opinions
- Jarvis v. MartinSupreme Court of Connecticut · 1904
- Jensen v. BarbourMontana Supreme Court · 1892
- Jones v. LeechSupreme Court of Iowa · 1877
- Farmers' Mutual Fire Insurance v. ReynoldsSupreme Court of Vermont · 1880
- Barrows v. WilsonSupreme Court of Vermont · 1923
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