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JOYCE v. PARTS REBUILDERS

No. 1140.

147 A.2d 683 (1959)

Philip JOYCE v. PARTS REBUILDERS, Inc., and Harold S. Nichols.

Supreme Court of Vermont. Windham.

January 6, 1959.

Attorney(s) appearing for the Case

Edward A. John, Brattleboro, for plaintiff.

Fitts & Olson, Brattleboro, for defendants.

Before CLEARY, C. J., and ADAMS, HULBURD, HOLDEN and SHANGRAW, JJ.

HULBURD, Justice.

The defendants were defaulted in Brattleboro Municipal Court. They are here on their exceptions to the court's refusal to grant their motion to strike the default. We are asked to pass upon the discretion of the court below in ruling as it did. This means that we must examine in detail the situation which gave rise to the court's ruling, for it is the essence of discretion that it be sound when viewed in the light of surrounding circumstances.

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