Munger v. Verder
Supreme Court of Vermont
PetitioN for appeal under the statute — R. L. s. 1428. Heard September Term, 1886, Yeazey, J., presiding. The petitionee moved to dismiss.
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PetitioN for appeal under the statute — R. L. s. 1428. Heard September Term, 1886, Yeazey, J., presiding. The petitionee moved to dismiss. The court overruled the motion and held, in the exercise of its discretion, upon the evidence, that the petitioner was unjustly deprived of his day in court by fraud, accident or mistake ; that said judgment was reversed and set aside without terms ; that the petitioner be allowed to enter said cause ; that the petitionee should pay the petitioner his costs. The petitioner introduced the original files of the justice in the original cause, and the…
1Opinion of the Court
The - opinion of the court was delivered by
Taft, J
The evidence detailed in the exceptions tended to show that the petitioner was deprived of his day in court by the mistake of the officer in making his return on the original writ. It thus made a case strictly within the provisions of section 1428, R. L. In such cases the discretion exercised by the court will not be revised here. Burton v. Barlow’s Est., 55 Vt. 434; Lillie v. Lillie’s Est., 56 Vt. 714. Under said section terms might have been imposed upon the petitioner, but none were. The court ordered the petitionee to pay the costs of the…
2Cases cited3 opinions
- Burton v. Estate of BarlowSupreme Court of Vermont · 1883
- Tyler v. Frost & Co.Supreme Court of Vermont · 1876
- Lillie v. Lillie's EstateSupreme Court of Vermont · 1884
3Cited by5 opinions
- Tenney v. HarveySupreme Court of Vermont · 1891
- Davidson v. DavidsonSupreme Court of Vermont · 1940
- Comstock's Admr. v. JacobsSupreme Court of Vermont · 1915
- In re JacobsSupreme Court of Vermont · 1914
- Fitzgerald Land & Lumber Co. v. Prouty & MillerSupreme Court of Vermont · 1916