Adams v. Howard

The facts in this case appear in the opinion of the court, which was delivered by

Williams, Ch. J.

This is an application for a new trial in a case where the judgment in the county court was rendered by default. The decision in the case of Scott v. Stewart, 5 Vt. R. 57, is an authority against the jurisdiction of this court in this case, although that decision was made previous to the passage of the present statute. The statute now in force is similar to the statute of 1810, in relation to new trials, and applies only to those cases where a trial has been had. It requires the petition to be…