Legal Opinion

Town of Underhill v. Town of Jericho

Supreme Court of Vermont

Decided July 1, 1893PublishedCited by 12 opinions

Petition to the supreme court for the county of Chittenden to bring forward a cause upon its docket and correct the judgment of the court therein. The case, 64 Vt. 362, was first brought before a justice of the peace and came upon appeal into the county court. There the defendant pleaded that the justice had no jurisdiction for that he was a resident of one of the towns interested in the event of the suit, and that the suit should therefore abate.

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Petition to the supreme court for the county of Chittenden to bring forward a cause upon its docket and correct the judgment of the court therein. The case, 64 Vt. 362, was first brought before a justice of the peace and came upon appeal into the county court. There the defendant pleaded that the justice had no jurisdiction for that he was a resident of one of the towns interested in the event of the suit, and that the suit should therefore abate. The plaintiff traversed this plea and a trial was had by court upon the issue thus formed. Upon the facts found by the court the defendant was…

1Opinion of the CourtRoss, C. J.

This is a petition preferred to the supreme Court for the county of Chittenden at its January term, 1893, setting forth that the town of Jericho had a cause pending against the petitioner in the supreme court of that county at its January term, 1892, which was heard; that the cause had not been heard upon its merits in the county court; that the supreme court reversed the judgment of the county court and rendered judgment in chief against the petitioner, thereby depriving the petitioner of the right to a trial upon the merits of the cause; that the judgment so rendered was an error, or…

2Cases cited2 opinions

  1. Legg v. OverbaghCourt for the Trial of Impeachments and Correction of Errors · 1830
  2. Town of Jericho v. Town of UnderhillSupreme Court of Vermont · 1892

3Cited by12 opinions

  1. Ott v. BoringWisconsin Supreme Court · 1907
  2. Garland v. Union Trust Co.Supreme Court of Oklahoma · 1916
  3. State v. F. B. Williams Cypress Co.Supreme Court of Louisiana · 1913
  4. Egbert v. St. Louis S. F. R. Co.Supreme Court of Oklahoma · 1915
  5. Peck's Administrator v. Peck's AdministratorSupreme Court of Vermont · 1917

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