Hendricks v. Dietrich, 376 A.2d 770 (Vt. 1977). · Go Syfert
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Hendricks v. Dietrich, 376 A.2d 770 (Vt. 1977). Cases Citing This Book View Copy Cite
11 citation events (4 in the last 25 years) across 1 distinct court.
Strongest positive: State v. Wargo (vt, 1998-08-28)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "see, e.g." State v. Wargo
Vt. · 1998 · signal: see also · confidence low
The phrase “in custody under sentence” is borrowed from the language of the PCR statute and “[i]ts use makes clear that the procedure of the rule applies only when the statutory relief procedure is inapplicable.” Reporter’s Notes, 1980 Amendment to V.R.Cr.P 32(d); see also Cooley, 135 Vt. at 411 , 377 A.2d at 1387 (Rule 32(d) not intended to provide another post-conviction forum).
Retrieving the full opinion text from the archive…
Walter Hendricks and Flora B. Hendricks
v.
George W. Dietrich and Julia A. Dietrich
No. 109-76.
Supreme Court of Vermont.
Jul 1, 1977.
376 A.2d 770
Weber, Fisher, Perra & Gibson, Brattleboro, for Plaintiffs., McCarty & Rifkin, Brattleboro, for Defendants.
Barney, Billings, Daley, Hill, Larrow.
Published
Per Curiam.

This case was commenced as an action in district court formerly known as justice ejectment. After dismissal of the ejectment action, it was amended to a declaratory judgment action concerning the rights of the parties under an option to purchase after default. This became an action to try title, which is not cognizable in district court. 4 V.S.A. § 437.

Judgment vacated for lack of jurisdiction in the trial court.