Brown v. Hull
Supreme Court of Vermont
This was a petition to the county court, under the statute, to be relieved from a judgment, rendered by a justice of the peace against the defendant by default, and to be allowed a trial, as upon an appeal, — alledging that the petitioner was deprived of his day in court before the justice by accident.
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This was a petition to the county court, under the statute, to be relieved from a judgment, rendered by a justice of the peace against the defendant by default, and to be allowed a trial, as upon an appeal, — alledging that the petitioner was deprived of his day in court before the justice by accident. It appeared that the petitionee was a minor, and that the original suit was prosecuted by him by L. P. Poland as his “next friend,” and that in the petition no mention was made of said Poland, as such “ next friend,” and no service of the petition was made upon him, nor notice of it. given by…
1Opinion of the Court
The opinion of the court was delivered by
Hebard, J.
1. Did the court err in not dismissing'the petition? This depends upon another question, — and that is, who was the party ? If the prochein ami was the party, the petition should have been dismissed; if the minor was the party, the petition should have been retained.
The petition was an adversary proceeding, and must be served upon the infant in the same way that other processes are served upon infants. If he had a guardian, the guardian should have been cited in to defend; — if not, then a guardian ad litem should be appointed by the court.…
2Cited by14 opinions
- Whittem v. StateIndiana Supreme Court · 1871
- Raming v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1900
- Martin v. WeymanTexas Supreme Court · 1863
- Tripp v. GiffordMassachusetts Supreme Judicial Court · 1891
- Burt v. McBainMichigan Supreme Court · 1874
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