Briggs v. Hubbard
Supreme Court of Vermont
This was a petition, founded on section eight, chapter thirty three, of the Revised Statutes, praying that a judgment rendered against the petitioner by a justice of the peace, by default, might be reversed, and a trial be allowed in the case.
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This was a petition, founded on section eight, chapter thirty three, of the Revised Statutes, praying that a judgment rendered against the petitioner by a justice of the peace, by default, might be reversed, and a trial be allowed in the case. The petition was preferred on the first day of January, 1844; and the petitioner alleged, that the judgment by default was rendered on the second day of May, 1842. The defendant moved, that the petition be dismissed, for the reason that it was not preferred at the first or second stated term of the county court next after the rendition of the judgment…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The judgment, sought in this case to be vacated, was rendered on the second day of May, 1842; and the present petition was not prayed out, until more than two terms of the county court had elapsed from the time of the rendition of the' judgment. This petition is brought under the eighth section of chap. 33 of the Revised Statutes; and the ninth section provided, that no such petition should be sustained, unless preferred at the first or second *89stated term of the county court next after the rendition of the judgment by the justice. This…
2Cases cited2 opinions
- Dash v. Van KleeckNew York Supreme Court · 1811
- Hill v. Town of SunderlandSupreme Court of Vermont · 1831
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