Wright v. Doolittle
Supreme Court of Vermont
The complainant, in this case, came before the County Court, in Windham County, at the September Term of 1832, with a complaint, setting forth, that the said Oliver Doolittle 2d did, on the 30th day of August, A. D. 1832, pray out a writ of ejectment against the said Wright, and cause the same to be served upon the said Wright on the day and year aforesaid, by one Elijah Stebbins, Constable of the town of Vernon, in said County, — wherein the said Wright was directed to be…
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The complainant, in this case, came before the County Court, in Windham County, at the September Term of 1832, with a complaint, setting forth, that the said Oliver Doolittle 2d did, on the 30th day of August, A. D. 1832, pray out a writ of ejectment against the said Wright, and cause the same to be served upon the said Wright on the day and year aforesaid, by one Elijah Stebbins, Constable of the town of Vernon, in said County, — wherein the said Wright was directed to be had before the said County Court, at their said September Term, to answer to the said suit; and, upon the failure of the…
1Opinion of the Court
The opinion of the Court was pronounced by
Hutchinson, C. J.
It would be unreasonable, that a plaintiff in any suit newly commenced, should have no way in his power to stop such suit, without paying the cost of Court. He may commence the suit in good faith, yet af-terwards discover some mistake, which must render thg suit abortive. Hence this Court decided in the case, reported from Washington County, Mead, complainant, vs. *392Arms, that a notice in writing from. Arms to Mead, that he should not enter nor prosecute such suit, and this notice "given when- no taxable cost had accrued in favor of…
2Cited by3 opinions
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- Connecticut & Passumpsic Rivers Railroad v. NewellSupreme Court of Vermont · 1858