Tyler v. State
Supreme Court of Vermont
Petition to enter an appeal from the judgment of a justice of the peace fining the defendant for unlawfully furnishing intoxicating liquor. Heard upon the demurrer of the petitionee at the September term, 1890, Taft, J., presiding. The court sustained the demurrer and dismissed the petition as a matter of law. The petitioner excepts. The statute is remedial and should be liberally construed.
Read the full summary
Petition to enter an appeal from the judgment of a justice of the peace fining the defendant for unlawfully furnishing intoxicating liquor. Heard upon the demurrer of the petitionee at the September term, 1890, Taft, J., presiding. The court sustained the demurrer and dismissed the petition as a matter of law. The petitioner excepts. The statute is remedial and should be liberally construed. Kimball v. Kelton, 54 Vt. 177. It fairly includes a “ party ” defendant to a criminal proceeding. Bou. Hie. Tit. Action; Bac. Abr. Action “ A.” If the petitioner has a remedy, it is by certiorari. Be…
1Opinion of the Court
The opinión of the court was delivered by
ROSS, Ch. J.
This is a petition to be allowed an appeal from a judgment of a justice of the peace under R. L. 1428. The only contention is whether this section is applicable to a state cause. It reads: “ "When a judgment is rendered by a justice *301upon default, and the defendant, or a trustee therein, is unjustly deprived of his day in court, by fraud, accident, or mistake, or such defendant is unjustly deprived of a hearing in the assessment of damages in such action, or when a party or trustee is prevented from entering an appeal from the judgment of a…
2Cases cited3 opinions
- Exparte TracySupreme Court of Vermont · 1853
- In re KennedySupreme Court of Vermont · 1883
- Sawyer v. JoinerSupreme Court of Vermont · 1844
3Cited by2 opinions
- State v. ProutySupreme Court of Vermont · 1920
- New York Moline Plow Co. v. MaeckSupreme Court of Vermont · 1917