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1 D. Chip. 335

Ferris v. Child

Supreme Court of Vermont

Decided July 1, 1814

Supreme Court of Vermont · decided 1814-07-01

<p>In Chancery.</p> <p>A I3~11 ~uppkrnontary to a Bill in C~jancery, a Bill of Revivor, Bill of Review, 0" Bill to carry into effect a fo~ mer decree, must be brought in the same Ccnnty where the original suit was brought, and the proceedings are of r ord.</p>

Decided 1814-07-01

By the Court.

¶1A bill supplementary, a bill of revivor, review, or for varying or carrying into effect a former decree, must be bro’t in the same County where the original suit was entered and the proceedings are of record. The terms of the Supreme Court and Court of Chancery are holden for each County severally, and the records in each kept by a separate Clerk, and the records and proceedings of the Court, in any County, are before the Court in that County only. The proceedings in causes of this nature must be on record before the Court, which cannot be in another County. They may be compared to proceedings on a scire facias, to revive a judgment, or to have execution, which, it has always been holden, must, if before the Supreme Court, be brought in the same County where the original judgment is of record. To adopt a different practice would occasion great difficulty and inconvenience. With us, the records cannot be removed — a transcript only can be had. It frequently becomes necessary to examine the original files and. records.

¶2There can be no justifiable reason for permitting a practice so inconvenient and unprecedented.

¶3The bill musttherefore be dismissed, but without prejudice.

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