Collins v. Farley
Supreme Court of Vermont
Petition, under Y. S. 1667, to set aside a default judgment rendered by a justice of tbe peace. Trial by court at the March Term, 1906, Chittenden County, Miles, J., presiding. Judgment for the petitioner. The petitionee excepted. The opinion states the case. The defendant was constable of the city of Burlington, at the time he made the attachment and sale referred to.
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Petition, under Y. S. 1667, to set aside a default judgment rendered by a justice of tbe peace. Trial by court at the March Term, 1906, Chittenden County, Miles, J., presiding. Judgment for the petitioner. The petitionee excepted. The opinion states the case. The defendant was constable of the city of Burlington, at the time he made the attachment and sale referred to. At common law, a judgment regularly taken is not to be set aside unless it appears that the defendant had a defence upon the merits, and then only for the purpose of allowing defendant to plead the merits. Hence it must appear…
1Opinion of the CourtRowell, C. J.
This is a petition to the county court to reverse and set aside the judgment of a justice rendered upon default against the petitioner, as he was unjustly deprived of his day in court by fraud, accident, or mistake, and to hear and determine the action as if it had been brought to said court by appeal.
Said action was brought by the petitionee to recover what he paid to satisfy a judgment recovered against him by one Stiles for attaching and selling his property on a writ and an execution in favor of the petitioner against one Murphy.
The court found the mistake relied upon on trial, and that…
2Cases cited1 opinion
- Royce v. MaloneySupreme Court of Vermont · 1886
3Cited by4 opinions
- Barnes v. AlbertSupreme Court of Vermont · 1913
- In Re Walker's EstateSupreme Court of Vermont · 1927
- Vilas v. Estate of WortheimSupreme Court of Vermont · 1940
- Palmer v. FullerSupreme Court of Vermont · 1911