¶1If such a certificate had been granted in the court below, the affirmance of their judgment here would extend to the certificate also. But, when no adjudication of the kind is made in the court below, an original motion for such an adjudication and certificate cannot be entertained in this court. As the present statute contemplates two grades of certificate, (13 Vt. *148375 in the matter of Horace Wheelock) the matter could only be properly determined by the court before whom the trial was had. Under the present statute this court have never made an original adjudication, upon which to predicate such a certificate in either the first or second degree.
16 Vt. 147
Nichols v. Packard
Decided January 15, 1844
Supreme Court of Vermont · decided 1844-01-15
This was an action of slander; verdict and judgment in the county court for plaintiff; — motion in arrest of judgment overruled, and exceptions. After judgment was affirmed in this court, the counsel for the plaintiff moved for a certificate that the cause of action arose from the wilful and malicious act of the defendant, &c.
Cited by 1 later decisions — most recently January 1874
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1844-01-15
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