Legal Opinion

Nelson v. Marshall

Supreme Court of Vermont

Decided August 31, 1904PublishedCited by 22 opinions

Petition for a new trial brought, under V. S. 1662, to the Supreme Court for Windsor County, at its January Term, 1904, and heard at the May Term, 1904, on motion to dismiss the petition. The petitioner was plaintiff in the suit in county court, which was an action of ejectment tried by jury at the June Term, 1904, of Windsor County.

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Petition for a new trial brought, under V. S. 1662, to the Supreme Court for Windsor County, at its January Term, 1904, and heard at the May Term, 1904, on motion to dismiss the petition. The petitioner was plaintiff in the suit in county court, which was an action of ejectment tried by jury at the June Term, 1904, of Windsor County. The exceptions taken in that trial by the petitioner were to the admission or exclusion of evidence, and to the court’s ordering a verdict against her. The petition states that within the ten days after the adjournment of said June Term petitioner’s bill of…

1Opinion of the CourtHasBLTOn, J.

This was a petition to this Court, under V. S. 1662, for a new trial of an action tried by jury at the June Term, 1903, of the Windsor County Court. The case *46was heard on a motion to dismiss the petition. The petitioner was defeated on trial in the county court, and the petition sets out facts showing that the petitioner took exceptions on trial, that a bill of exceptions was allowed and signed by the presiding Judge, but that without fault on the part of the petitioner, and solely by reason of accident or mistake on the part of the Judge, the bill of exceptions could not be filed until more…

2Cases cited5 opinions

  1. State ex rel. Samuel v. WeiskittleCourt of Appeals of Maryland · 1883
  2. Crittenden v. SchermerhornMichigan Supreme Court · 1877
  3. People ex rel. Wright v. Judge of Superior CourtMichigan Supreme Court · 1879
  4. Town of Walden v. ClarkSupreme Court of Vermont · 1877
  5. Taylor v. . SimmonsSupreme Court of North Carolina · 1895

3Cited by22 opinions

  1. Richardson v. StateWyoming Supreme Court · 1907
  2. United States Ex Rel. Brown v. SmithDistrict Court, D. Vermont · 1962
  3. MacDonald, B.N.F. v. OrtonSupreme Court of Vermont · 1926
  4. Hotel Vermont Co. v. CosgriffSupreme Court of Vermont · 1915
  5. Hoffart v. Lindquist & Paget Mortgage Co.Oregon Supreme Court · 1948

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