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55 Vt. 80

Francis v. Parks

Supreme Court of Vermont

Decided January 15, 1883

Supreme Court of Vermont · decided 1883-01-15

Bill in Chancery. Heard on bill, answer, traverse and master’s report, March Term, 1882. Veazey, Chancellor, ordered the bill to be dismissed.

Good law ✅— No negative treatment on recordhow we know

Decided 1883-01-15

How this case has been cited

Cited by 5 later decisions — most recently June 1972

5 state decisions

301883189019001910192019301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1The opinion of the court was delivered by

Rowell, J.

¶2The only ground of relief alleged in the bill is, that the orator was misled and misinformed as to the time when the last installment became due under the judgment, but it is hot alleged how nor by whom he was thus misled and misinformed. The answer denies the equity of the bill. The orator must stand on the case made by the bill, and cannot rely for relief on any matter not therein stated, though shown by the master’s report. The master has not found that the orator was either misled or misinformed in the premises. He says that he- may have understood in some'way that the last installment was due on May 1st instead of April 1st, but if he did, it was the result of carelessness. Such a finding affords no ground for equitable relief.

¶3Decree affirmed and cause remanded.

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