Walsh, Leonard & Jackson v. Haswell
Supreme Court of Vermont
Scire facias against bail on mesne process. The original writ, on which the bail was taken, was issued from and returnable to the county court. The writ, in the present case, was issued by a justice of the peace. The defendant pleaded in abatement, that the justice had no authority to sign the writ. Judgment of the county court that the writ abate, to which plaintiffs excepted.
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Scire facias against bail on mesne process. The original writ, on which the bail was taken, was issued from and returnable to the county court. The writ, in the present case, was issued by a justice of the peace. The defendant pleaded in abatement, that the justice had no authority to sign the writ. Judgment of the county court that the writ abate, to which plaintiffs excepted. The question is, upon the construction to be given to our judiciary act, and particularly the 24th section. The words writ and process, although originally having a different meaning, are applied to the same…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
The question in this case is, whether a justice of the peace is authorized to sign a writ of scire facias against bail on mesne process, returnable to the county court. Under a statute very similar to the one now in force, the decision in the case of Sherwood v. Pearl, reported in 1 Tyler’s R.319, was made. The reasons given for that decision are applicable to writs of scire facias now issued, as well as to those which issued under the slatute then in force, viz, that it is a judicial writ, founded upon the records of the court, and…
2Cited by4 opinions
- Roberts v. Anheuser Busch Brewing Ass'nMassachusetts Supreme Judicial Court · 1913
- Universal Transp. Co. v. National Surety Co.District Court, S.D. New York · 1918
- Kittredge v. Fairbanks Co.Supreme Court of Vermont · 1917
- State v. DwyerSupreme Court of Vermont · 1897