Hill v. Morey
Supreme Court of Vermont
This was an action of trespass founded on the statute entitled, “An act more effectually to prevent trespass in certain cases,” passed in 1849. Plea not guilty, and trial by jury. After the jury were empanneled, the defendant made a motion, in writing, that the cause be dismissed, on the ground, “ that the plaintiff, when he prayed out his writ, did not cause a true minute of the day, month, and year when said writ was signed, or any minute whatever to be made on said writ.”
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This was an action of trespass founded on the statute entitled, “An act more effectually to prevent trespass in certain cases,” passed in 1849. Plea not guilty, and trial by jury. After the jury were empanneled, the defendant made a motion, in writing, that the cause be dismissed, on the ground, “ that the plaintiff, when he prayed out his writ, did not cause a true minute of the day, month, and year when said writ was signed, or any minute whatever to be made on said writ.” The court decided, that if such certificate was necessary, the defendant was too late in making his motion; and…
1Opinion of the Court
The opinion of the court was delivered by
Eedeield, Ch. J.
I. The first objection taken in this case, by way of motion to dismiss, on the ground, that no proper minute of the time of issuing the writ, was made by the authority signing the same, coming, as it did, only at the time of trial by the jury, has been more than once decided, by this court, to be out of time. Wheelock v. Sears, 19 Vt. 559. Pollard v. Wilder, 17 Vt. 48. The plea of not guilty, is regarded, as a waiver of all dilatory defences, and this, under the present statute, is so regarded; such defences must be presented at the…
2Cases cited2 opinions
- Wheelock v. SearsSupreme Court of Vermont · 1847
- Pollard v. WilderSupreme Court of Vermont · 1843
3Cited by11 opinions
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- Fairbanks v. StoweSupreme Court of Vermont · 1910
- Gleason v. Salt Lake CityUtah Supreme Court · 1937
- Atlanta Cotton Factory Co. v. SpeerSupreme Court of Georgia · 1883
- Mangum v. North Carolina RailroadSupreme Court of North Carolina · 1907
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