Alexander v. Wilmorth
Supreme Court of Vermont
THIS was an action of trespass, for an assault and arrest under process signed by the defendant, in 1826, as a justice of the peace in Stamford, in the county of Bennington, by the name of John L. Wilmorth. Plea, not guilty.
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THIS was an action of trespass, for an assault and arrest under process signed by the defendant, in 1826, as a justice of the peace in Stamford, in the county of Bennington, by the name of John L. Wilmorth. Plea, not guilty. On the trial below, the plaintiff showed, by a certified copy of record from the office of the Secretary of State, and by the journal of the General Assembly, that, at the October session of the Legislature, in 1825, John Wilmorth, of Stamford, was appointed a justice of the peace for the county of Bennington ; but it did not appear therefrom that any person was appointed…
1Opinion of the Court
*414The opinion of the Court was pronounced by
Prentiss, J.
On the trial of this action, the only matter in issue was, whether the defendant, in the year 1825, was a jus-^Ce Peace within and for the county of Bennington, and conseqUen(;iy competent authority, as such, to issue the writ of attachment, by virtue of which the plaintiff was arrested and imprisoned. From the records of the Secretary of State, and the journals of the General Assembly, it appeared, that John Wilmorth, of Stamford, was appointed a justice of the peace for the county of Bennington, for the year 1825 ; but the records and…
2Cited by1 opinion
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