Terms Used In Vermont Statutes Title 12 Sec. 5170

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

§ 5170. When defendant prevails in whole or in part

When, on trial, it is determined that the plaintiff has no right or share in the estate claimed, or that he or she holds a smaller share than alleged in his or her complaint, the adverse party shall recover against him or her reasonable costs. If the plaintiff holds a smaller share than claimed in his or her complaint, the judgment shall be that partition of the estate be made according to the title of the respective owners. (Amended 1971, No. 185 (Adj. Sess.), § 151, eff. March 29, 1972.)