Tyler v. Frost & Co.
Supreme Court of Vermont
This was a petition under s. 7, c. 88, of the Gen. Sts.,- to reverse and set aside a judgment' rendered by a justice upon default, for the reason that petitioner had no notice of the suit. The court, at the April Term, 1876, dismissed the petition, and refused costs to defendants, upon the ground that petitioner brought the petition in good faith. Exceptions by defendants.
1Opinion of the Court
The opinion of the court was delivered by
PiERPOiNT, Ch. J.
This was a petition under the statute to vacate and set aside a judgment of a justice of the peace. The County"Court dismissed the petition, but refused to allow the pe-titionees their costs, to which they excepted, and the only question here is whether they .were by law entitled to their cost as a matter of legal right. The statute makes no express provision for the allowance or taxation of costs in cases of this kind, and it is only by force of our statutes that costs are ever taxed and allowed. In cases of this kind, the statute…
2Cited by7 opinions
- Tenney v. HarveySupreme Court of Vermont · 1891
- In re Welch's WillSupreme Court of Vermont · 1896
- Davidson v. DavidsonSupreme Court of Vermont · 1940
- Comstock's Admr. v. JacobsSupreme Court of Vermont · 1915
- In re JacobsSupreme Court of Vermont · 1914
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