East Montpelier v. Montpelier
Supreme Court of Vermont
This was a petition for an appeal from the judgment of a justice of the peace. Trial by court at the March term, 1892, Washington county, Thompson, J., presiding. The court allowed the appeal and the petitionee excépted. ■ The opinion states the case. The petitioner was deprived of its day in court by the negligence of its town clerk, and not by fraud, accident or mistake.
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This was a petition for an appeal from the judgment of a justice of the peace. Trial by court at the March term, 1892, Washington county, Thompson, J., presiding. The court allowed the appeal and the petitionee excépted. ■ The opinion states the case. The petitioner was deprived of its day in court by the negligence of its town clerk, and not by fraud, accident or mistake. Babcock v. Brown, 25 Vt. 550; Davison v. Heffron, 31 Vt. 687. The town clerk made a mistake, and whether such a mistake as entitled the petitioner to relief, rested in the discretion of the county court, whose decision is…
1Opinion of the CourtTyler, J.
This was a petition to the county court under Section 15428, R. L., to be allowed an appeal from the judgment of a justice of the peace rendered by default. This section provides that the county court may, in its discretion, set aside such judgment when a party has been unjustly deprived of his day in court by fraud, accident or mistake, and hear and determine the action, etc.
The exceptions state that the court heard the evidence, and found the facts “which appeared by the testimony and concessions in the case.” The only testimony was that of the petitioner’s town clerk, which was that a writ…
2Cases cited5 opinions
- Mosseaux v. BrighamSupreme Court of Vermont · 1847
- Scott v. StewartSupreme Court of Vermont · 1833
- Burton v. Estate of BarlowSupreme Court of Vermont · 1883
- Lillie v. Lillie's EstateSupreme Court of Vermont · 1884
- Downs v. ReedSupreme Court of Vermont · 1860
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