Pinney v. Petty
Supreme Court of Vermont
Case. The writ was returnable before a justice on December 5th, 1871, when the case was continued to the 8th of January, 1872, without the knowledge or consent of the defendant, and without the justice being present with the writ at the place appointed for trial.
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Case. The writ was returnable before a justice on December 5th, 1871, when the case was continued to the 8th of January, 1872, without the knowledge or consent of the defendant, and without the justice being present with the writ at the place appointed for trial. On the 8th of January the parties appeared, and the defendant “ objected to going to trial, because he was not notified of the continuance ” ; but the justice adjudged that the plaintiff pay the defendant’s costs of travel and attendance on December 5th, and that the trial proceed ; whereupon a trial by jury was had, the jury…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The questions presented for consideration are, whether the pretended continuance of the case on the 5th day of December, 1871, by the justice of the peace, operated as a discontinuance of it ? And if so, whether the defendant waived such discontinuance, and submitted himself to the jurisdiction of the justice court ? On the 5th day of December, 1871, the return day of the writ, the justice of the peace before whom the writ was returnable, entered a continuance of the case to January 8, 1872, without going, with the writ in his possession, to…
2Cases cited8 opinions
- Carpenter ex rel. Carlton v. DodgeSupreme Court of Vermont · 1848
- Crawford v. CheneySupreme Court of Vermont · 1840
- Brown v. StacySupreme Court of Vermont · 1837
- Bryant v. PemberSupreme Court of Vermont · 1871
- Underwood v. HartSupreme Court of Vermont · 1850
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Wescott v. BriereSupreme Court of Vermont · 1941