Supreme Court of Vermont January 15, 1826 (Smith v. Langworthy)

Hutchinson, J.

after stating the above facts, said,

The Court consider this case to be within the third section of the judiciary act, allowing appeals, and not to be a case mentioned in the provisos to that section, taking away the right of appeal.

The appeal is, therefore, sustained, and the defendant is allowed another hearing, on the assessment of damages.