Hotel Vermont Co. v. Moore's Estate
Supreme Court of Vermont
Petition for a new trial, brought to the Supreme Court for Chittenden County at its October Term, 1915, and then heard on the pleadings and an agreed statement of facts.
1Opinion of the CourtTaylor, J.
This is a petition for a new trial based on the failure of the petitioner, plaintiff in the original action, to get a *34hearing in this Court on its exceptions reserved at the trial below. The petitionee has incorporated into her answer a demurrer to the petition upon which she seeks to rely. Passing without deciding the question whether a demurrer to a petition for a new trial can be joined with an answer to the merits, the petitionee, by signing a statement of facts to be filed in the case, manifestly waived her demurrer and the case is for consideration on the merits.
The original cause was…
2Cases cited1 opinion
- Hotel Vermont Co. v. CosgriffSupreme Court of Vermont · 1915
3Cited by3 opinions
- MacDonald, B.N.F. v. OrtonSupreme Court of Vermont · 1926
- Webb v. StateSupreme Court of Vermont · 1916
- Seaboard National Bank v. FisherSupreme Court of Vermont · 1924