Legal Opinion

Brown v. Irwin

Supreme Court of Vermont

Decided December 15, 1848PublishedCited by 3 opinions

This was a petition to the county court, that the judgment of a justice of the peace in favor of the defendant against the petitioners might be vacated, and the case be entered in the county court for trial, — founded upon chapter thirty three, section eight, of the Revised Statutes.* _ Trial by the court, March Term, 1847, — Ben-nett, J., presiding.

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This was a petition to the county court, that the judgment of a justice of the peace in favor of the defendant against the petitioners might be vacated, and the case be entered in the county court for trial, — founded upon chapter thirty three, section eight, of the Revised Statutes.* _ Trial by the court, March Term, 1847, — Ben-nett, J., presiding. It was alleged in the petition, that the defendant, on the twenty sixth day of May, 1846, prayed out his writ of attachment against the petitioners, in which he demanded damages, one hundred dolars, for an alleged breach of contract on the'part…

1Opinion of the Court

The opinion of the court was delivered by

Kellogg, J.

This was a petition preferred to the county court, praying to have the judgment of a justice of the peace in favor of the petitionee and against the petitioners set aside and vacated for the alleged cause, that the justice, after the petitioners had been defaulted and the case continued for the assessment of damages, refused, at the day to which it was adjourned, to call in a jury upon the application of the petitioners, to assess the damages. The petition assigns no other cause of complaint. The county court dismissed the petition, upon the…

2Cited by3 opinions

  1. Plimpton v. Town of SomersetSupreme Court of Vermont · 1860
  2. In re the Estate of WeatherheadSupreme Court of Vermont · 1881
  3. Fitzgerald Land & Lumber Co. v. Prouty & MillerSupreme Court of Vermont · 1916

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