Collins v. Edson

Decided January 15, 1883

Supreme Court of Vermont · decided 1883-01-15

Petition alleging that at the March Term, 1882, of Rutland County Court, a judgment was rendered by default against the petitioner in favor of the petitionees through fraud, accident or mistake, and that the petitioner was deprived of a hearing; and praying that the judgment be set aside and for a new trial. Heard, September Term, 1882, Yeazey, J., presiding.

Relies on Houghton v. Slack

Decided 1883-01-15

¶1The opinion of the court was delivered by

Taft, J.

¶2The defendants moved to dismiss the petition on the ground that the minute of the recognizance was defective in stating that it was “ conditioned as provided by. law.” The presumption is that the recognizance was properly taken, and that the record when made will state its terms in full. We think the statute was fully complied with. See Ross v. Shurtleff et al. 55 Vt. If defective, the petition should not have been dismissed, but retained and new security ordered. Houghton v. Slack, 10 Vt. 520.

¶3Judgment affirmed.