Wing v. Bates
Supreme Court of Vermont
This was a petition to be allowed to enter an' appeal from the decision of commissioners on an insolvent estate. A .question was made whether ex parte affidavits could be received in explanation, or contradiction, of the testimony upon which the petition was founded, which was set forth in the petition, in the manner usually practised in petitions for new trials.
1Opinion of the Court
By the Court.
In petitions for new trials such affidavits have generally been received for the purpose of making out the defence, or of rebutting testimony on the side of the petitionee. We do not think that practice a good one. In strictness such affidavits should be taken upon notice, as is required in the case of reports of road commissioners; Burgess et al. v. Grafton et al., 10 Vt. 321; and, if that is not done, the testimony should at least be filed a sufficient length of time to enable the opposite party to prepare to meet it before the trial. The affidavits will be received in the…
2Cases cited1 opinion
- Burgess v. Towns of Grafton & ChesterSupreme Court of Vermont · 1838