Martin v. Town of Wells
Supreme Court of Vermont
Action on the case brought to recover of the town of Wells damages for the default of its constable in not making service of two writs of attachment.
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Action on the case brought to recover of the town of Wells damages for the default of its constable in not making service of two writs of attachment. The case was referred and the referee reported in substance as follows: The plaintiff offered in evidence what purported to be a record of two judgments in his favor —one against Isaac Winchell, rendered by Stephen Thomas, a justice of the peáce, on the 13th day of September, 1861—debt, one hundred dollars, and costs $1.35; also a judgment against said Winchell and Stephen Van Guilder, on the said 13th of September, 1861, for $27.49 debt, and $1…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The first question in this case arises upon the decision of the referee in admitting as evidence the records of the two judgments against Winchell, and Winchell and Van Guilder. In Blodgett v. Jordan, 6 Vt., 580, it was held that a certified copy of a record from a justice of the peace in New Hampshire was the appropriate evidence of a judgment rendered by him. And in Carpenter v. Pier, 80 Vt., 81, Aldis, J., says that this may be regarded as the settled law of the state. In Blodgett v. Jordan, it was conceded that the justice was de facto…
2Cases cited7 opinions
- In re Consolidated Rendering Co.Supreme Court of Vermont · 1907
- Johns v. StevensSupreme Court of Vermont · 1830
- Vanderwerker v. Vermont Central RailroadSupreme Court of Vermont · 1854
- Learned v. BellowsSupreme Court of Vermont · 1836
- Blodget v. JordanSupreme Court of Vermont · 1834
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Sargent v. BurtonSupreme Court of Vermont · 1901
- Case v. HueySupreme Court of Kansas · 1881
- Whitcomb v. WhitcombSupreme Court of Vermont · 1911
- Potter v. ThompsonSupreme Court of Vermont · 1892
- McBride v. McNallSupreme Court of Vermont · 1918