Stilphen v. Read

Decided January 15, 1892

Supreme Court of Vermont · decided 1892-01-15

Assumpsit. Trial by jury at the September term, 1890, Ross, J., presiding. Yerdict and judgment for the defendant. Exceptions by the plaintiff. The defendant moved in the Supreme Court to dismiss the exceptions for that no question of law was presented by them. At the same term of the County Court at which the trial was had, the plaintiff moved that court for a new trial in said cause and supported his petition by certain affidavits.

Cited by 2 later decisions — most recently September 1960

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1892-01-15

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¶1The opinion of the court was delivered by

TAFT, J.

¶2The record shows a verdict for the defendant and a motion to set it aside. It argumentatively appears that there was judgment upon the verdict. It is stated in the record that exceptions were allowed, otherwise it does not appear that any were taken, and it is not disclosed what those allowed were. There is no legal question before us.

¶3Judgment affirméd.

¶4A petition for a new trial addressed to this court, was heard at the same time. The cause alleged was newly discovered evidence. A motion for a new trial was made in the County Court and denied. The allegations in the petition, and the proofs, are the same in both cases. We ’hold the proceedings in the County Court a bar to the petition now before' us, A party should not be a second time annoyed by the same claim, supported by the same testimony.

¶5The petition is dismissed with costs '.