Scott v. Stewart
Supreme Court of Vermont
This was a petition to set aside a judgment obtained by default, through some mistake, as the petitioner contends, and to lay the cause open for a trial.
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This was a petition to set aside a judgment obtained by default, through some mistake, as the petitioner contends, and to lay the cause open for a trial. The judgment was rendered in the County Court, and this petition was presented to tho same Court, at a subsequent term, with a regular citation to, and service-upon, the' opposite party.The petitionee filed a motion to dismiss the petition on the ground, that the County Court has no jurisdiction- of such a petition ; but that the Supreme Court has exclusive jurisdiction, by virtue of the 17th Sec. of the Statute of 1825. The County Court…
1Opinion of the CourtHutchinson, C. J.
We might dispose of this question by merely observing, that the County Court granted the prayer of the petitioner, and the original action is now pending before the County Court, and ought not to have been brought before this Court, till wholly disposed of there; when all the exceptions, taken to the decisions of the County Court, might come up together. But we are disposed to decide the question of jurisdiction, which has been presented and argued.
There is a material difference between trials and defaults ; and there are appropriate terms, known Ein law, applicable to each. A motion or…
2Cited by11 opinions
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- Johnson v. ShumwaySupreme Court of Vermont · 1893
- Mutual Life Insurance v. FosterSupreme Court of Vermont · 1915
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