Town of Montpelier v. Andrews
Supreme Court of Vermont
This was an action of debt, originally commenced before a justice of the peace, to recover the penalty given by statute for obstructing a water course. The defendant, on the day when the writ was made returnable, appeared, and moved to dismiss the action, on the ground that the justice, when he signed the writ, did not indorse upon it a minute of the time when he signed it; and this motion was renewed in the county court.
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This was an action of debt, originally commenced before a justice of the peace, to recover the penalty given by statute for obstructing a water course. The defendant, on the day when the writ was made returnable, appeared, and moved to dismiss the action, on the ground that the justice, when he signed the writ, did not indorse upon it a minute of the time when he signed it; and this motion was renewed in the county court. The justice, at the time the writ was signed, signed also upon it a minute in these words; “ I hereby certify that this writ was exhibited to me, and filed in my office,…
1Opinion of the Court
The opinion of the court was delivered by
Hebard, J.
The only question is, whether there was such a minute of the time, when the writ was signed, as the statute requires. This is the same question that was considered in the case of Pollard v. Wilder, at the July Term of this court in Windsor Co., 1843,* and it is unnecessary to go into any reasoning upon the question, as it was then decided. It is enough to repeat what was then said, that this certificate is not a compliance with the statute, and consequently insufficient. Judgment affirmed.
Isaac Pollard v. Edward L. Wilder, Windsor Co., July…
2Cited by6 opinions
- Howe v. Lisbon Savings Bank & Trust Co.Supreme Court of Vermont · 1940
- Wheelock v. SearsSupreme Court of Vermont · 1847
- Snow v. CarpenterSupreme Court of Vermont · 1877
- United States v. BanisterU.S. Circuit Court for the District of Vermont · 1895
- Otis v. EllisSupreme Judicial Court of Maine · 1885
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