Supreme Court of Vermont, 1803

Harrington v. Kingsbury

Supreme Court of Vermont · Decided May 15, 1803

2 Tyl. 426

Cases that cite this one

2 later published cases cite this decision.

Segalla v. Segalla (Vt. 1971)
Land Finance Corp. v. St. Johnsbury Wiring Co. (Vt. 1927)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Curia.

The Court having examined the deposition, and finding that the subject matter of it applied in rebuttal of the defendant’s evidence, and was not necessary primarily, but only collaterally to support *428the plaintiff’s declaration, .ruled that the cause should be continued, but observed, that although the defect the caption was not owing to the laches, but to the misfortune of the plaintiff, it was not just that he should saddle his misfortune upon the defendant. They should therefore make the rule conditional that the plaintiff be allowed a continuance upon his paying to the defendants his taxable costs for this present term.

Darius Chipman and —— for plaintiff. Daniel Chipman and Nathan B. Graham, for defendant.

Cause continued.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.