Johnson v. Smith
Supreme Court of Vermont
Gunural Assumpsit. Pleas, the general issue, payment, Statute of Limitations, and declaration in offset. Trial by jury at the June Term, 1900, Caledonia County, Taft, J., presiding. Verdict for defendants. Whereupon plaintiff moved to set the verdict aside on account of the alleged misconduct of the jury. On this motion the case was entered “with the court,” to be heard after testimony had been taken in support of said motion.
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Gunural Assumpsit. Pleas, the general issue, payment, Statute of Limitations, and declaration in offset. Trial by jury at the June Term, 1900, Caledonia County, Taft, J., presiding. Verdict for defendants. Whereupon plaintiff moved to set the verdict aside on account of the alleged misconduct of the jury. On this motion the case was entered “with the court,” to be heard after testimony had been taken in support of said motion. No testimony was ever taken, and the case was “with the court” when Judge Taft died, March 22, 1902. At the December Term, 1903, Watson, J., presiding, plaintiff having…
1Opinion of the CourtPowers, J.
The defendants obtained a verdict at the June Term, 1900, of Caledonia County Court, which the plaintiff moved to set aside for misconduct of certain of the jurors and of the officer who had them in charge. With this motion pending, the case was entered “with the court,” and was held by the late Chief Judge TaET, who presided at the trial, until his death. So no judgment had been entered upon the verdict, and no bill of the exceptions taken by the plaintiff during the course of the trial had been signed. In these *148circumstances, as the law then stood, the plaintiff was without means of having…
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