Haire v. Perry
Supreme Court of Vermont
Generar assumpsit commenced before a justice of the peace. The defendant’s motion to dismiss the plaintiff’s appeal was overruled at the March Term, 1902, Chittenden County, Stafford, J., presiding. The defendant excepted. No appeal lies from the judgment of a justice in a civil case when judgment is rendered by non-suit.
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Generar assumpsit commenced before a justice of the peace. The defendant’s motion to dismiss the plaintiff’s appeal was overruled at the March Term, 1902, Chittenden County, Stafford, J., presiding. The defendant excepted. No appeal lies from the judgment of a justice in a civil case when judgment is rendered by non-suit. V. S. 1298. Non-suit is capable of three interpretations: 1. Verdict directed by the court when plaintiff fails to appear when called. 2. Verdict entered by the plaintiff himself, by leave of court, when he wishes to reserve the right to bring another suit. 3. Verdict…
1Opinion of the CourtMunson, J.
The plaintiff appeared but declined to proceed, and the justice dismissed the suit for want of evidence. Was the plaintiff entitled to an appeal?
V. S. 1286 fixes the time for appearance, and provides that judgment may be entered on non-suit or default against th'e party who does not appear. V. S. 1298 provides that no appeal shall be allowed when a judgment is rendered by non-suit or default. It is said in Smith v. Crane, 12 Vt. 487, that *478a non-suit is a neglect of the plaintiff to appear and prosecute his suit, or a voluntary withdrawal from the suit after appearance. The defendant contends…
2Cases cited1 opinion
- Smith v. CraneSupreme Court of Vermont · 1840
3Cited by2 opinions
- Johnson v. Johnston-Coutant Co.District Court, D. Alaska · 1912
- Severance v. ElliottSupreme Court of Vermont · 1903