Weed v. Hunt
Supreme Court of Vermont
Appeal in Chancery. Heard on the pleadings, master’s report and exceptions thereto, at the December Term, 1905, Lamoille County, Munson, Chancellor. Decree dismissing the bill with costs. The oratrix appealed. This case has been once before in the Supreme Court.
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Appeal in Chancery. Heard on the pleadings, master’s report and exceptions thereto, at the December Term, 1905, Lamoille County, Munson, Chancellor. Decree dismissing the bill with costs. The oratrix appealed. This case has been once before in the Supreme Court. See 76 Yt. 212. The bill was served October 9, 1902. As to the accident and mistake, the facts are not materially different from what they were when the case was before this Court on demurrer to the bill, and hence the same decision must follow. Reasonable diligence and not the highest possible degree of care is the test. Bispham’s…
1Opinion of the CourtWatson, J.
The oratrix seeks to enjoin the enforcement of a judgment by. default obtained against her by the present defendant, in garnishment' proceedings in the State of Connecticut, on the ground that, she was prevented by accident and non-negligent mistake on the part of her counsel from setting up certain valid defences. Without consideration of other points in this ease, suffice it to say that the oratrix is precluded from obtaining the relief sought, by the following facts set forth in that part of the special master’s report wherein he says:
“It is claimed by the defendant that the oratrix had a…
2Cases cited10 opinions
- Borland v. ThorntonCalifornia Supreme Court · 1859
- Heller v. Dyerville Manufacturing Co.California Supreme Court · 1897
- Day v. CummingsSupreme Court of Vermont · 1847
- Viele v. HoagSupreme Court of Vermont · 1851
- Burton v. WileySupreme Court of Vermont · 1854
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3Cited by5 opinions
- Boutwell v. Champlain Realty Co.Supreme Court of Vermont · 1915
- American Surety Co. v. Creamery CommissionersSupreme Court of Vermont · 1925
- Parry & Jones v. Empire Granite Co.Supreme Court of Vermont · 1916
- Weed v. HuntSupreme Court of Vermont · 1916
- Katersky v. Humphrey Co., Inc.Supreme Court of Rhode Island · 1928