Green v. J. H. McLoud Co.
Supreme Court of Vermont
Petition for leave to .enter an appeal from a judgment of a justice of the peace. Heard on a general demurrer to the petition, at the June Term, 1913, Caledonia County, Stanton, J., presiding. Demurrer overruled and the petition adjudged sufficient. The petitionee excepted. The opinion states the case.
1Opinion of the CourtPowers, C. J.
The county court overruled the demurrer to this petition, which is brought under P. S. 2023, commonly called the Fraud, Accident and Mistake Statute. The petition shows that the defendant brought a suit against the petitioner returnable before a justice of the peace; that she was ill at the time, and entrusted one Forrest Green with the care of her ease; that he appeared for her at the time and place appointed for trial, and asked for and was granted a continuance; that he again appeared for her on the new day set for trial, and, she then being too ill to attend, asked for another…
2Cases cited5 opinions
- State ex rel. Ballard v. GreeneSupreme Court of Vermont · 1913
- East Montpelier v. MontpelierSupreme Court of Vermont · 1892
- Harriman v. SwiftSupreme Court of Vermont · 1858
- Perry v. WrightSupreme Court of Vermont · 1898
- Finney v. HillSupreme Court of Vermont · 1839
3Cited by3 opinions
- Mutual Life Insurance v. FosterSupreme Court of Vermont · 1915
- In Re Walker's EstateSupreme Court of Vermont · 1927
- Fitzgerald Land & Lumber Co. v. Prouty & MillerSupreme Court of Vermont · 1916