Walsh v. Cole

This is a petition for a new trial brought by defendant in Cole v. Walsh, 97 Vt. 256, 122 Atl. 664, who lost the benefit of his exceptions as therein stated. From the evidence before us we find that the petitioner’s failure to file his bill of exceptions in that case within the time limited by statute was due solely to the reliance of counsel, to whom was committed the entire care, management, and responsibility of the defendant’s case, upon rule 5 of the county court rules, which required the clerk to notify him of the entry of the judgment therein. This the clerk failed to do. Had he done…