In re Barker
Supreme Court of Vermont
Habeas Corpus. Heard March term, 1883, Yeazey, J., presiding. ■ Judgment that the relator be discharged; to which decision, R. R. Mead, the • constable of Rutland, having the relator in custody, excepted. The case was heard on a motion to dismiss the exceptipns. The facts as to the relator’s arrest and detention are stated in the next case in this volume.
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Habeas Corpus. Heard March term, 1883, Yeazey, J., presiding. ■ Judgment that the relator be discharged; to which decision, R. R. Mead, the • constable of Rutland, having the relator in custody, excepted. The case was heard on a motion to dismiss the exceptipns. The facts as to the relator’s arrest and detention are stated in the next case in this volume. Exceptions will lie in this case. 'Issues of law arising upon the trial of a cause by the County Court may pass to the Supreme Court for final decision upon exceptions., R.' L., s. 1385. , But questions in law decided by the County Court…
1Opinion of the Court
The opinion of the court was delivered by
Powers, J.
The questions presented for consideration arise upon the relator’s motion to dismiss the exceptions filed in the cause.
In the County.Court the relator was discharged from the custody of Mead, the officer holding him in arrest under the warrant issued by Justice Cain, and to this judgment of the County Court, Mead filed exceptions. The relator now insists that Mead had no right to file exceptions to said judgment; and, secondly, that nobody can file them in a case where the relator is discharged.
By sec. 1385, R. L., “issues of law, and…
2Cases cited2 opinions
- Smith v. South Royalton BankSupreme Court of Vermont · 1859
- Knowlton v. BakerSupreme Judicial Court of Maine · 1881
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- In Re FittsSupreme Court of Vermont · 1964
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