Palmer v. Fuller
Supreme Court of Vermont
Petition to be relieved from the loss, by fraud, accident, or mistake, of an appeal from the judgment of a justice of the peace. Trial by court at the December Term, 1910, Addison County, Stanton J., presiding. Judgment that the prayer of the petition be granted. The petitionee excepted. The opinion states the case.
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Petition to be relieved from the loss, by fraud, accident, or mistake, of an appeal from the judgment of a justice of the peace. Trial by court at the December Term, 1910, Addison County, Stanton J., presiding. Judgment that the prayer of the petition be granted. The petitionee excepted. The opinion states the case. The petition discloses no ground for relief except the want of reasonable care on the part of petitioner or his attorney, and this is never sufficient under P. S. 2023 on which this proceeding is founded. Hunt v. Burbank, 73 Vt. 273; Babcock v. Brown, 25 Vt. 550; Finney v. Hill,…
1Opinion of the CourtMunson, J.
The petitioner claims to have lost his appeal from the judgment of a justice under circumstances which entitle him to relief on the ground of fraud, accident or mistake. It appears from the findings of the county court that within two hours after the rendition of the judgment the petitioner asked for an appeal and gave the required security by way of recognizance; that petitioner’s attorney then inquired whether the justice would make out the copy of appeal and sign it, or whether the attorney should make it and send it to the justice for his signature; that the justice said the attorney had…
2Cases cited3 opinions
- Farmers' Mutual Fire Insurance v. ReynoldsSupreme Court of Vermont · 1880
- Collins v. FarleySupreme Court of Vermont · 1907
- Wilder v. GilmanSupreme Court of Vermont · 1883