Gray v. Pingry
Supreme Court of Vermont
This was a complaint for forcible detainer, under chapter 41, sections 15 , and 16, of the Revised Statutes, and came to the county court by appeal from the decision of a justice of the peace.
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This was a complaint for forcible detainer, under chapter 41, sections 15 , and 16, of the Revised Statutes, and came to the county court by appeal from the decision of a justice of the peace. The complainant alleged, that, on the 11th day of May, 1839, he was seized of certain/premises in Woodstock, describing them, and that on that day .he leased the same premises, by written lease, to the defendant, for the term of eleven months from the 15th day of May, 1839, viz. to the 15th day of April, 1840, and that the defendant, on the 15th day of May, 1839, entered into possession of the premises,…
1Opinion of the Court
The opinion of the court was delivered by
Redfiekd, J.
This case seems to have been tried by a jury, in the court below, without objection. This, was, indeed, unnecessary, and irregular in some respects. The issue formed upon the plea of nul tiel record could only be tried by the court, and should have been jfo-si tried, before it could be known that any issue for the jury would remain in the case. For, if determined in favor of the defendant, as it in fact was, nothing would remain for the jury to try. We should not deem it necessary here to notice the subject, if the trial, having passed…
2Cases cited2 opinions
- Wright v. ButlerCourt for the Trial of Impeachments and Correction of Errors · 1830
- Jackson ex dem. Genet v. WoodNew York Supreme Court · 1829
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- Woodworth, County Clerk v. Town of HennesseySupreme Court of Oklahoma · 1912
- Pratt v. RatliffSupreme Court of Oklahoma · 1900
- People ex rel. Commissioners of Highways v. Board of SupervisorsIllinois Supreme Court · 1888
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