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Vt. Stat. Ann. tit. 04, § 112 (2026)

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Subchapter 002 : SUPERIOR COURTS

(Cite as: 4 V.S.A. § 112)
Notes of Decisions
Cited in 19 cases, 1978–2009 · leading case: Soucy v. Soucy Motors, Inc., 471 A.2d 224 (Vt. 1983).
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Soucy v. Soucy Motors, Inc., 471 A.2d 224 (Vt. 1983). · cites it 2× “Under 4 V.S.A. § 112 this Court observed "that the superior judge, albeit the presiding judge, did not constitute a statutory court .”
In Re Boardman, 2009 VT 42 (Vt. 2009). · cites it 2× “In addition, in certain limited circumstances assistant judges may hear and decide small claims actions, 12 V.”
Debus v. Grand Union Stores of Vermont, 621 A.2d 1288 (Vt. 1993). · cites it 2× “A judge's decision whether to grant a motion for a new trial involves mixed questions of both law and fact, which questions are to be decided by the presiding judge alone.”
Suitor v. Suitor, 400 A.2d 999 (Vt. 1979). · cites it 2× “No showing has been made here that the assistant judges were disqualified. It follows then that the superior judge, albeit the presiding judge, did not constitute a statutory court.”
Brennen v. Mogul Corp., 557 A.2d 870 (Vt. 1988). · cites it 3× “§ 112(c). Defendant’s argument is based on 4 V.”
Riehle v. Tudhope, 765 A.2d 885 (Vt. 2000). “Under 4 V.S.A. § 112, “questions of law shall be decided by the presiding judge” and “[mjixed questions of law and fact shall be deemed to be questions of law.”
Bevins v. King, 513 A.2d 41 (Vt. 1986). · cites it 3× “See 4 V.S.A. § 112(b). Accordingly, this case must be remanded to the superior court for determination as to whether the findings reflect the beliefs of the assistant judge who participated at trial.”
Lewandoski v. Vermont State Colleges, 457 A.2d 1384 (Vt. 1983). “4 V.S.A. § 112. As there had been no showing that the assistant judges were disqualified, we held that the presiding judge alone did not constitute a statutory court, that the court therefore lacked subject matter jurisdiction over the cause, and thus that the order was without…”
Furno v. Pignona, 522 A.2d 746 (Vt. 1986). · cites it 3× “4 V.S.A. § 112 (subsequently amended). Defendants contend that “unavailability” is a factual question.”
Trs. of Net Realty Holding Trust v. AVCO Fin. Servs. of Barre, Inc., 520 A.2d 981 (Vt. 1986). “4 V.S.A. § 112(b). The issue of whether double damages should be awarded to plaintiffs is a question of law, not of fact.”
Bolduc v. Courtemanche, 603 A.2d 1129 (Vt. 1992). · cites it 3× “Title 4 V.S.A. § 112 makes clear that “questions of law shall be decided by the presiding judge” and that “[m]ixed questions of law and fact shall be deemed to be questions of law.”
Bloch v. Angney, 538 A.2d 174 (Vt. 1987). “See 4 V.S.A. § 112(b). Therefore, the presiding judge *31 acted within the scope of his authority in granting defendant’s previous motion to dismiss.”
Show all 19 citing cases →
— Vt. Stat. Ann. tit. 04, § 112(a) — 4 cases
In Re Boardman, 2009 VT 42 (Vt. 2009). “In addition, in certain limited circumstances assistant judges may hear and decide small claims actions, 12 V.”
Brennen v. Mogul Corp., 557 A.2d 870 (Vt. 1988). “§ 112(c). Defendant’s argument is based on 4 V.”
Lamoureux v. Chromalloy Farm Sys., Inc., 549 A.2d 649 (Vt. 1988).
State v. Shure, 592 A.2d 868 (Vt. 1991).
— Vt. Stat. Ann. tit. 04, § 112(b) — 6 cases
Debus v. Grand Union Stores of Vermont, 621 A.2d 1288 (Vt. 1993). “A judge's decision whether to grant a motion for a new trial involves mixed questions of both law and fact, which questions are to be decided by the presiding judge alone.”
Trs. of Net Realty Holding Trust v. AVCO Fin. Servs. of Barre, Inc., 520 A.2d 981 (Vt. 1986). “4 V.S.A. § 112(b). The issue of whether double damages should be awarded to plaintiffs is a question of law, not of fact.”
Bloch v. Angney, 538 A.2d 174 (Vt. 1987). “See 4 V.S.A. § 112(b). Therefore, the presiding judge *31 acted within the scope of his authority in granting defendant’s previous motion to dismiss.”
Bolduc v. Courtemanche, 603 A.2d 1129 (Vt. 1992). “Title 4 V.S.A. § 112 makes clear that “questions of law shall be decided by the presiding judge” and that “[m]ixed questions of law and fact shall be deemed to be questions of law.”
Bevins v. King, 513 A.2d 41 (Vt. 1986). “See 4 V.S.A. § 112(b). Accordingly, this case must be remanded to the superior court for determination as to whether the findings reflect the beliefs of the assistant judge who participated at trial.”
— Vt. Stat. Ann. tit. 04, § 112(c) — 6 cases
In Re Boardman, 2009 VT 42 (Vt. 2009). “In addition, in certain limited circumstances assistant judges may hear and decide small claims actions, 12 V.”
Bevins v. King, 513 A.2d 41 (Vt. 1986). “See 4 V.S.A. § 112(b). Accordingly, this case must be remanded to the superior court for determination as to whether the findings reflect the beliefs of the assistant judge who participated at trial.”
Brennen v. Mogul Corp., 557 A.2d 870 (Vt. 1988). “§ 112(c). Defendant’s argument is based on 4 V.”
Lamoureux v. Chromalloy Farm Sys., Inc., 549 A.2d 649 (Vt. 1988).
In re Foy, 518 A.2d 372 (Vt. 1986).
— Vt. Stat. Ann. tit. 04, § 112(d) — 3 cases
Brennen v. Mogul Corp., 557 A.2d 870 (Vt. 1988). “§ 112(c). Defendant’s argument is based on 4 V.”
Furno v. Pignona, 522 A.2d 746 (Vt. 1986). “4 V.S.A. § 112 (subsequently amended). Defendants contend that “unavailability” is a factual question.”
Lamoureux v. Chromalloy Farm Sys., Inc., 549 A.2d 649 (Vt. 1988).
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