Wilkins v. Stiles
Supreme Court of Vermont
Petition Eor writ oe prohibition. Heard on pleadings and testimony at the October Term, 1901, of this court, sitting for the County of Chittenden. Ever since Smith v. Creme, 12 Vt. 487, it has been understood that a justice has no power to enter a non-suit, (unless the statute expressly gives it), unless the party consents. Even the county court cannot compel a plaintiff to submit to a non-suit simply because his evidence appears to be insufficient.
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Petition Eor writ oe prohibition. Heard on pleadings and testimony at the October Term, 1901, of this court, sitting for the County of Chittenden. Ever since Smith v. Creme, 12 Vt. 487, it has been understood that a justice has no power to enter a non-suit, (unless the statute expressly gives it), unless the party consents. Even the county court cannot compel a plaintiff to submit to a non-suit simply because his evidence appears to be insufficient. French v. Smith, 4 Vt. 663. In this case the justice found that the evidence was not sufficient; this clearly gave the plaintiff in the suit no…
1Opinion of the CourtMunson, J.
The relator seeks to prohibit further proceedings in an action wherein judgment was rendered against him by Albert Worcester, a justice of the peace. He concedes that if Justice Worcester had jurisdiction over the claim or matter in suit at the time this judgment was rendered, his petition will not lie. But he claims that the jurisdiction which Justice Worcester would otherwise have had was taken away by proceedings previously had before David Frechette, another *44justice of the peace. His claim, more specifically stated, is that the matter of the suit had been fully settled in the case decided…
2Cases cited3 opinions
- Bullard v. ThorpeSupreme Court of Vermont · 1894
- Perry v. MorseSupreme Court of Vermont · 1885
- Smith v. CraneSupreme Court of Vermont · 1840
3Cited by3 opinions
- Leonard v. WillcoxSupreme Court of Vermont · 1928
- Barber v. ChaseSupreme Court of Vermont · 1928
- Town of Shrewsbury v. DavisSupreme Court of Vermont · 1928