Arlington Manufacturing Co. v. Mears
Supreme Court of Vermont
Trover. Heard at the December term, 1892, upon motion of tbe defendant to strike off a judgment by default, Start, J. presiding. Motion granted. Exceptions by plaintiff. The case was entered the first day of the term. On the fifth day, upon call of the docket, judgment was rendered by default.
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Trover. Heard at the December term, 1892, upon motion of tbe defendant to strike off a judgment by default, Start, J. presiding. Motion granted. Exceptions by plaintiff. The case was entered the first day of the term. On the fifth day, upon call of the docket, judgment was rendered by default. On the seventh day an attorney entered an appearance on the docket for the defendant and on the ninth day moved the court to strike off the default, which the court did as a matter of discretion. The defendant must proceed under R. L. s. 1,422. Sheldon v. Sheldon and Tr., 37 Yt. 152 ; Webb v. Webb, 16…
1Opinion of the CourtTaft, J.
In each of these causes, at the December term of the county court, the defendant was defaulted and judgment entered upon the default. Afterwards,- during the term, the entry of default and judgment was stricken off and the cause continued for trial. The legal power of the court to so strike off the entry of default and judgment is challenged. The plaintiff concedes that such power existed prior to the passage of R. L. s. 1,422 which reads: “When a judgment is rendered by a county court upon default, and the defendant or a trustee therein is unjustly deprived of a hearing by fraud, accident or…
2Cited by3 opinions
- Barnes v. AlbertSupreme Court of Vermont · 1913
- Nicholas v. Estate of NicholasSupreme Court of Vermont · 1907
- Fitzgerald Land & Lumber Co. v. Prouty & MillerSupreme Court of Vermont · 1916