Tufts v. Aiken
Supreme Court of Vermont
This was a cause, which came into the county court by appeal from a justice of the peace. There was a verdict in the county court for the plaintiff, and the defendant moved in arrest of judgment for the insufficiency of the declaration.
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This was a cause, which came into the county court by appeal from a justice of the peace. There was a verdict in the county court for the plaintiff, and the defendant moved in arrest of judgment for the insufficiency of the declaration. It was now suggested to the court, that the declaration originally filed in the case in the justice court was not defective in the particular complained of, but that the defect occurred by the mistake of the justice in making the copy of the writ and declaration, which he sent up to the county court., It was further proposed by the plaintiff to supply that…
1Opinion of the Court
By the Court.
We have no doubt the defect in the declaration, if it occurred in the manner suggested, may be supplied, either in the county court, or in this court, but not in the manner proposed. The defendant has filed one certified copy from the justice, in the case, and the parties went to trial in the county court upon those copies, without the plaintiffs filing a new declaration. The plaintiff now com*491plains that this copy is defective and offers to file another copy, certified in the same manner, to supply the defect. How shall this court know which copy is the “ true copy ” ? The…
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