Montgomery v. Vinton

Decided January 15, 1865

Supreme Court of Vermont · decided 1865-01-15

Petition to the supreme court for a new trial. The plaintiff was non-suited in the county court, and prayed for a new trial on the ground of having been deprived of his day in court by unavoidable accident.

Cited by 3 later decisions — most recently February 1915

3 state decisions

Relies on Scott v. Stewart · Beckwith v. Town of Middlesex · Charles v. Howard

Good law ✅— No negative treatment on recordhow we know

Decided 1865-01-15

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Poland, Ch. J.

¶1The petitioner has mistaken the tribunal to Which his application should have been made. This court has no jurisdiction to grant new trials in cases in the county court, except cases which have been tried in the couhty court.

¶2All applications for relief against defaults or non-suits in the county court, must be made in the county court which ordered them. This has been long and repeatedly settled by decisions of this court. Scott v. Stewart, 5 Vt. 57; Adams v. Howard, 14 Vt. 560 ; Beckwith v. Middlesex, 20 Vt. 593 ; Foster v. Austin, 33 Vt, 615.

¶3Petition dismissed with costs.