Pond v. Campbell
Supreme Court of Vermont
Petition by a sheriff to have a cause brought forward on to the docket, and to be allowed to amend his return. Heard by the court on motion to dismiss, April Term, 1884, Powers, J., presiding. The court overruled the motion to dismiss the petition, and adjudged that the petitioner be allowed to amend his return.
Read the full summary
Petition by a sheriff to have a cause brought forward on to the docket, and to be allowed to amend his return. Heard by the court on motion to dismiss, April Term, 1884, Powers, J., presiding. The court overruled the motion to dismiss the petition, and adjudged that the petitioner be allowed to amend his return. The "petition was-brought to the April Term, 1883. It appeared that the writ in the original suit was served the 29th day of November, 1878; that judgment was rendered in said suit, December Term, 1881. The petition alleged : “ And your petitioner further shows that his return on the…
1Opinion of the Court
The opinion of the' court was delivered by
Roves, Cb. J.
This was a petidon to bring forward a case on to the docket of the County Court, and for leave for the petitioner who served the writ to amend his return. The contention has been as to the right of the court to allow the amendment of the return to be made, and the legal sufficiency of the proof upon which it was allowed.
The right of a court to allow an amendment to be made of its records has been recognized in this State ever since the decision of Barnard v. Stevens, 2 Aik. 429.
The exercise of the right has been generally regarded as…
2Cases cited7 opinions
- In re HoweNew York Court of Chancery · 1828
- Mosseaux v. BrighamSupreme Court of Vermont · 1847
- Carpenter v. GookinSupreme Court of Vermont · 1829
- Palmer v. ThayerSupreme Court of Connecticut · 1859
- Bent v. BentSupreme Court of Vermont · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Taylor v. MooreSupreme Court of Vermont · 1890
- Humphrey v. WheelerSupreme Court of Vermont · 1918
- Thompson v. MorrisonSupreme Court of Vermont · 1911