School District No. 1 v. Austin
Supreme Court of Vermont
Debt for a penalty, founded on section 58, chapter 22, of the General Statutes. The writ was dated June 12th, 1871, and returnable June 29th, 1871, before C. E. Benton, justice of the peace. The only minute thereon of the day, month, and year when the same was signed by the justice, was as follows: “ Granby, Vt. June 29th, A. D. 1871. “ The within writ was signed by me on the 8th day of June, 1871. . Charles E. Benton, Justice of the Peace.”
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Debt for a penalty, founded on section 58, chapter 22, of the General Statutes. The writ was dated June 12th, 1871, and returnable June 29th, 1871, before C. E. Benton, justice of the peace. The only minute thereon of the day, month, and year when the same was signed by the justice, was as follows: “ Granby, Vt. June 29th, A. D. 1871. “ The within writ was signed by me on the 8th day of June, 1871. . Charles E. Benton, Justice of the Peace.” The defendant did not appear on the return day of said writ, and judgment was rendered against him by default. At the September term, 1871, of the county…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
The ground of the petition upon which this case was carried into the county court is, that the defendant had not had any day in court before the justice. The provision of the statute in such case constitutes the mode and means by which the defendant has his day in court for the first time, when the cause is entered in the county court, as the result of proceedings in that court upon such petition. It would be incongruous with the ground and occasion for such proceeding, to hold that the defendant had waived any right of defence by having…
2Cited by1 opinion
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