Spear v. Flint
Supreme Court of Vermont
Audita Querela. The plaintiff alleged, in substance, that he had been amerced by the plaintiff in a fine for the non-performance of military duty, under the statute of 1842 in reference to the militia, and had been summoned to appear before a justice of the peace, to show cause why judgment for the fine and .costs should not be rendered against him, and that he appeared at the time and place designated and demanded a trial by jury, and that the justice refused to allow him a…
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Audita Querela. The plaintiff alleged, in substance, that he had been amerced by the plaintiff in a fine for the non-performance of military duty, under the statute of 1842 in reference to the militia, and had been summoned to appear before a justice of the peace, to show cause why judgment for the fine and .costs should not be rendered against him, and that he appeared at the time and place designated and demanded a trial by jury, and that the justice refused to allow him a trial by jury, but rendered judgment against him for the fine and costs. The defendant demurred to the complaint. The…
1Opinion of the Court
The opinion of the court was delivered by
Bennett J.
We do not think the plaintiff can succeed with this action. The only ground of the plaintiff’s complaint is, that he was wrongfully denied, in the justice’s court, a trial by jury. It is of no importance, in this case, to inquire whether he had a right to a jury trial, or not, since it is quite clear, that, if such right existed under the statute, the denial of it would constitute no good ground for this proceeding. It would at most, be but error in the proceedings of the justice. The complainant had his day in court, and his ground of…
2Cases cited1 opinion
- Tyler v. LathropSupreme Court of Vermont · 1832
3Cited by1 opinion
- Harriman v. SwiftSupreme Court of Vermont · 1858