Lassell v. Burton , 16 Vt. 188 ( 1844 )

In this case it being suggested, and appearing to the court, that the affirmance of the judgment might embarrass the plaintiff in pursuing a just claim, which he had against the defendant, in a different form of action, the court reversed the judgment proforma, under a rule that the costs should be taxed the same as if the judgment had been affirmed. Applications of this kind have not usually been listened to by this court, except for the reason above stated.