Hemmenway v. Lincoln
Supreme Court of Vermont
Petition for a new trial, brought to the Supreme Court for Windham County at its May Term, 1909, and then heard on the pleadings. The opinion states the case. See 80 Yt. 530.
1Opinion of the CourtPowers, J.
This is a petition for a new trial on the ground of surprise and newly discovered evidence.
The first ground is not available to the petitioner, for if, as she says, she was surprised to have Miss Lincoln deny that a note was given for the original loan, she should have applied for a continuance, that she might have had time and opportunity to prepare for this unexpected issue. This denial came early in the trial, and having chosen to go along without requesting a continuance, the petitioner is bound by her election, — there being nothing in the case to take it out of the general rule. Taylor…
2Cases cited8 opinions
- State v. WhiteSupreme Court of Vermont · 1897
- Briggs v. GleasonSupreme Court of Vermont · 1854
- Taft v. TaftSupreme Court of Vermont · 1909
- Taylor v. St. ClairSupreme Court of Vermont · 1907
- Coolidge v. TaylorSupreme Court of Vermont · 1907
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3Cited by9 opinions
- Meacham v. Kawasaki Motors Corp., Inc.Supreme Court of Vermont · 1980
- Bradley v. Kelley & TrusteeSupreme Court of Vermont · 1933
- State v. MaguireSupreme Court of Vermont · 1927
- Gaines v. BaldwinSupreme Court of Vermont · 1918
- Capital Garage Co. v. PowellSupreme Court of Vermont · 1924
4 more not listed; retrieve them via the Exa API.