Campbell v. Patterson
Supreme Court of Vermont
Error to the county court for the county of Franklin. This writ was brought to reverse the judgment of the county court, in the suit Elias Patterson vs. Thomas II. Campbell, at their September term, A. D. 1833. It appeared upon inspection of the record, that the original suit was upon a promissory note, dated February 26, 1816, alleged to have been made at Cambridge in this state, for the sum of $739 87, and made payable in thirty days with interest.
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Error to the county court for the county of Franklin. This writ was brought to reverse the judgment of the county court, in the suit Elias Patterson vs. Thomas II. Campbell, at their September term, A. D. 1833. It appeared upon inspection of the record, that the original suit was upon a promissory note, dated February 26, 1816, alleged to have been made at Cambridge in this state, for the sum of $739 87, and made payable in thirty days with interest. The judgment of the county court, upon nil decit, was for the sum of $1693 68, damages and costs. Upon a computation it was found, that the…
1Opinion of the Court
The opinion of the court was delivered by'
Phelps, J.
The error alleged in this case is, that the county court rendered judgment- for more than the amount due upon the note. If this be so, it probably originated in the misprison of the clerk in entering up judgment in the case, and admits of an easy remedy by application to that court to correct its records,- — a power which every court possesses and exercises in such cases in a summary way. A writ of error in such case is a proceeding not to be favored; and it becomes a question of some practical importance whether it lies at all.
Errors are of…
2Cited by8 opinions
- State v. WintersSupreme Court of Vermont · 1929
- Usher v. SeveranceSupreme Court of Vermont · 1913
- State v. EmrickSupreme Court of Vermont · 1971
- Davis v. ReynoldsSupreme Court of Vermont · 1921
- Prior v. WilburSupreme Court of Vermont · 1891
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