Legal Opinion

Nixon v. Phelps

Supreme Court of Vermont

Decided June 15, 1857PublishedCited by 4 opinions

Assumpsit. The action was originally brought against Edward D. Barber and the defendant Phelps as partners, as attorneys, under the name of Barber & Phelps, for their neglect as attorneys in the care and management of certain business in which the plaintiff had employed them.

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Assumpsit. The action was originally brought against Edward D. Barber and the defendant Phelps as partners, as attorneys, under the name of Barber & Phelps, for their neglect as attorneys in the care and management of certain business in which the plaintiff had employed them. The defendants plead the general issue and filed a declaration on book account in offset, upon which auditors were appointed who reported eighteen dollars and forty-nine cents due to the defendants, and the further sum of two hundred and four dollars and seventy-six cents, subject to the opinion of the court upon the…

1Opinion of the Court

The opinion of the court was delivered, at the circuit session in June, by

Redfield, Ch. J.

We shall first consider the exceptions taken upon the jury trial. It is claimed these were not filed with the clerk in season to come into this court upon motion, by way of transfer merely. The exceptions were not, in fact, lodged with the clerk until more than thirty days after the rising of the court, but the clerk was directed to file them as of a date within the thirty days, which he did at first. But subsequently, at the suggestion of counsel that such entry was false and injurious to his client,…

2Cases cited4 opinions

  1. Johnson v. EdsonSupreme Court of Vermont · 1827
  2. Carter v. First Ecclesiastical Society of CanterburySupreme Court of Connecticut · 1820
  3. Jameson v. MasonSupreme Court of Vermont · 1839
  4. Crane v. WarnerSupreme Court of Vermont · 1842

3Cited by4 opinions

  1. Cole v. WalshSupreme Court of Vermont · 1923
  2. Rinfret v. TrippSupreme Court of Vermont · 1924
  3. State v. GomezSupreme Court of Vermont · 1915
  4. Davis v. FarwellSupreme Court of Vermont · 1907

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