Mutual Life Insurance v. Foster
Supreme Court of Vermont
Petition to the county court to set aside a default judgment. Heard on demurrer to tbe petition at the June Term, 1914, Addison County, Stanton, J., presiding.
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Petition to the county court to set aside a default judgment. Heard on demurrer to tbe petition at the June Term, 1914, Addison County, Stanton, J., presiding. In vacation, and on November 27, 1914, an order was filed, signed by the presiding judge and the two assistant judges, and reciting that “in order to ‘prevent a failure of justice’, and strictly as a mJatter of discretion, it is hereby ordered that the demurrer be overruled and petition adjudged sufficient; that the judgment named in the petition against the petitioner as trustee be set aside and a new trial granted the petitioner.”…
1Opinion of the CourtTaylor, J.
This petition was brought to the June Term, 1914, of Addison county court. Therein it is alleged, in substance that on or about Jan. 1, 1913, the petitionee brought suit in Addison county court against one Herbert T. Taylor and summoned the petitioner as trustee; that the suit was entered in court Jan. 10, 1913, that on Jan. 11, 1913, the petitioner duly entered its appearance by its attorney; that the petitionee caused a default to be entered against the defendant on May 7, 1913; that at the June Term, 1913, judgment was entered without hearing against the defendant and the petitioner as…
2Cases cited13 opinions
- Mosseaux v. BrighamSupreme Court of Vermont · 1847
- Farmers' Mutual Fire Insurance v. ReynoldsSupreme Court of Vermont · 1880
- Johnson v. ShumwaySupreme Court of Vermont · 1893
- Scott v. StewartSupreme Court of Vermont · 1833
- Adams v. HowardSupreme Court of Vermont · 1842
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3Cited by7 opinions
- Downer v. BattlesSupreme Court of Vermont · 1931
- Greene v. RileySupreme Court of Vermont · 1934
- In Re Walker's EstateSupreme Court of Vermont · 1927
- St. Pierre v. BeauregardSupreme Court of Vermont · 1931
- Fitzgerald Land & Lumber Co. v. Prouty & MillerSupreme Court of Vermont · 1916
2 more not listed; retrieve them via the Exa API.