Cook v. Treasurer of Town of Peacham
Supreme Court of Vermont
Petition foe Mandamus, Caledonia County. The petition alleged that on January 16, 1872, the state’s attorney presented to the relator, then a justice of the peace within and for said county, a complaint against Gardiner Springer, of Peacham, for an assault upon Jessie Kimball; that thereupon the relator issued a warrant for the arrest of said Springer, which was duly served, and that said Springer was arraigned for trial; that the case, after having been once continued, was…
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Petition foe Mandamus, Caledonia County. The petition alleged that on January 16, 1872, the state’s attorney presented to the relator, then a justice of the peace within and for said county, a complaint against Gardiner Springer, of Peacham, for an assault upon Jessie Kimball; that thereupon the relator issued a warrant for the arrest of said Springer, which was duly served, and that said Springer was arraigned for trial; that the case, after having been once continued, was tried on January 26, when the jury disagreed ; that the case was again continued, and finally again tried on May 29, the…
1Opinion of the Court
The opinion of the court was delivered by
Powers, J.
This is a petition for a writ of mandamus, to be directed to the town treasurer of the town of Peacham, ordering him to pay to the relator certain orders upon him, drawn by the relator as a justice of the peace, in favor of the parties entitled, for costs that accrued in a criminal proceeding before him.
Section 5, c. 124, Gen. Sts., provides that justices of the peace shall draw orders on the treasury of the town liable to pay the costs of any prosecution tried before such justice, in favor of the *234persons entitled to the same. The relator, in…
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