Hathaway v. Phelps
Supreme Court of Vermont
THIS cause came before this court on a motion of the plaintiff, that the judgment of the county court against him be reversed, and for a new trial, founded on exceptions taken at the trial below, and allowed and certified to this court, for their final decision thereon, as follows: Ejectment for lands in Swanton, being all that part of the lot, No. 88, situate west of the stage-road, leading from St. Albans to Swanton. Plea, not guilty, and issue thereon.
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THIS cause came before this court on a motion of the plaintiff, that the judgment of the county court against him be reversed, and for a new trial, founded on exceptions taken at the trial below, and allowed and certified to this court, for their final decision thereon, as follows: Ejectment for lands in Swanton, being all that part of the lot, No. 88, situate west of the stage-road, leading from St. Albans to Swanton. Plea, not guilty, and issue thereon. On trial of the issue-joined between the parties, as aforesaid, the plaintiff produced and read a deed of the premises sued for, from…
1Opinion of the Court
The opinion of the court was delivered by
Skinner, Ch. J.
From the case it appears, that many questions were raised at the trial, and decided by the county court, and are again presented to this court for revision. A further question is here presented, or rather one not particularly noticed in the case, and upon which we feel constrained to decide, though with much reluctance, as it may arise from an omission made through inadvertence.
This court will, and ought to presume, the proceedings and decisions of the county court to have been correct, unless the error is distinctly made to appear. If…
2Cases cited2 opinions
- Robinson v. CampbellSupreme Court of the United States · 1818
- Ellithorp v. DewingSupreme Court of Vermont · 1813
3Cited by2 opinions
- Perkins v. BloodSupreme Court of Vermont · 1863
- Stevens v. BrownSupreme Court of Vermont · 1830