Legal Opinion

Canerdy v. Baker

Supreme Court of Vermont

Decided October 15, 1882PublishedCited by 7 opinions

Petition for rehearing. Heard March Term, .1881. Red-field, Chancellor, dismissed the petition. The original cause was heard at the General Term, 1880. This petition was signed by the petitioner, Eebruary 8, 1881, and the citation to the petition was signed by the Chancellor, February 10, 1881. In view of the decision of the court, the many questions raised by the pleadings are not important. cited on the question that a petition for a rehearing was the proper remedy, if…

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Petition for rehearing. Heard March Term, .1881. Red-field, Chancellor, dismissed the petition. The original cause was heard at the General Term, 1880. This petition was signed by the petitioner, Eebruary 8, 1881, and the citation to the petition was signed by the Chancellor, February 10, 1881. In view of the decision of the court, the many questions raised by the pleadings are not important. cited on the question that a petition for a rehearing was the proper remedy, if there was apparent error, Story Eq. Pl. ss. 404, 421; Mitford Pl. (6th Ed.) 108; Cooper Pl. 93; 2 Maddock Ch. Pl. 484; 2…

1Opinion of the Court

The opinion of the court was delivered by

Veazey, J.

This is a petition for rehearing'before a chancellor of a cause heard, determined and remanded by the Supreme Court, and now stands on appeal from the order of the chancellor dismissing the petition. The case presents an important question of practice, viz: whether such petition may be properly brought to the Court of Chancery after decision by the appellate court, for alleged error of that court.

In this State we look mainly to the English Chancery for authority on questions of chancery practice, wherein the same are not regulated by our…

2Cases cited4 opinions

  1. Dexter v. ArnoldU.S. Circuit Court for the District of Rhode Island · 1829
  2. Stacy v. Vermont Central RailroadSupreme Court of Vermont · 1860
  3. Slason v. Cannon & WarrenSupreme Court of Vermont · 1847
  4. French v. ChittendenSupreme Court of Vermont · 1838

3Cited by7 opinions

  1. Lamoille Valley R. R. v. BixbySupreme Court of Vermont · 1885
  2. Houghton v. CookSupreme Court of Vermont · 1917
  3. Spencer v. Lyman Falls Power Co.Supreme Court of Vermont · 1938
  4. Jones v. Montpelier & Barre Light & Power Co.Supreme Court of Vermont · 1923
  5. Westinghouse Electric Manufacturing Co. v. Barre & Montpelier Traction & Power Co.Supreme Court of Vermont · 1924

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