Ellsworth v. Learned
Supreme Court of Vermont
Debt on judgment. Plea, nul tiel record, and trial by the court, September Term, 1847, — Royce, Ch. J., presiding. On trial the plaintiff gave in evidence a copy of an original writ in his favor against the defendant, signed by Cromwell Bowen, a justice of the peace, and returnable before him at Berkshire, in the county of Franklin, the second Monday in October, 1840; also a copy of the officer’s return thereon, showing the attachment of the defendant’s property, and the…
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Debt on judgment. Plea, nul tiel record, and trial by the court, September Term, 1847, — Royce, Ch. J., presiding. On trial the plaintiff gave in evidence a copy of an original writ in his favor against the defendant, signed by Cromwell Bowen, a justice of the peace, and returnable before him at Berkshire, in the county of Franklin, the second Monday in October, 1840; also a copy of the officer’s return thereon, showing the attachment of the defendant’s property, and the leaving of a copy at his last and usual place of abode; also a copy of memoranda made by the justice upon the writ, and…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
Justice’s courts have always been regarded as courts of record in this state, and the question has several times arisen, — what shall be considered a sufficient record of a justice’s judgment 1 The decisions upon the question appear at first view to be conflicting. In Story v. Kimball, 6 Vt. 544, and in a case there cited, it was held to be sufficient, if the entries of the magistrate upon the original files and papers in the case contained satisfactory evidence, that the alleged judgment was in fact rendered. It was subsequently held,…
2Cases cited4 opinions
- Nye v. KellamSupreme Court of Vermont · 1846
- Story v. KimballSupreme Court of Vermont · 1834
- Strong v. BradleySupreme Court of Vermont · 1841
- Wright v. FletcherSupreme Court of Vermont · 1840
3Cited by4 opinions
- Kimball v. Town of NewportSupreme Court of Vermont · 1874
- Santerre v. SylvesterSupreme Court of Vermont · 1937
- Stevens v. FisherSupreme Court of Vermont · 1857
- Barger v. . BarringerSupreme Court of North Carolina · 1909