Legal Opinion

Freelove v. Smith

Supreme Court of Vermont

Decided January 15, 1837PublishedCited by 1 opinion

This was an action of trover. On the trial in the County Court,it appeared in evidence, that, before the commencement of this suit, Isaac Wheedon, the justice of the péaee, before whom this action was brought, and by whom it was tried, made a complaint, as grand juror for the town of Pittsford, against the defendant, for stealing the articles in question.

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This was an action of trover. On the trial in the County Court,it appeared in evidence, that, before the commencement of this suit, Isaac Wheedon, the justice of the péaee, before whom this action was brought, and by whom it was tried, made a complaint, as grand juror for the town of Pittsford, against the defendant, for stealing the articles in question. The complaint was made to S. H. Kellogg, justice of the peace, and the articles were described as the property of the plaintiff. The taking and carrying away, alleged in the complaint, were the conversion, for which this action was brought.…

1Opinion of the Court

The opinion of the Court was delivered by

Phelps, J.

This case was dismissed by the court below, upon the ground, that the justice, before whom the action was brought, and from whom it came up by appeal, was not competent to take jurisdiction of it.

The exception to his competency is, that he had previously acted as counsel in a cause growing out of the same transaction, and involving the same question of fact; in short, that he had instituted a criminal prosecution, which he conducted as counsel, and then took jurisdiction of a civil suit, brought to recover for the same act, which constituted…

2Cited by1 opinion

  1. Royce v. MaloneySupreme Court of Vermont · 1886

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