Darling v. Cutting
Supreme Court of Vermont
Scire Facias against bail on mesne process. Plea, nul tiel record, with notice. Trial by jury September Term, 1883, Essex County, Ross, J.-, presiding. Judgment for the plaintiff. The original action was brought by the present plaintiff before a justice of the peace against one Woodward. It was trover for the conversion of sheep. (See Darling v. Woodward, 54 Yt. 101.) The present proceeding is against Woodward’s bail.
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Scire Facias against bail on mesne process. Plea, nul tiel record, with notice. Trial by jury September Term, 1883, Essex County, Ross, J.-, presiding. Judgment for the plaintiff. The original action was brought by the present plaintiff before a justice of the peace against one Woodward. It was trover for the conversion of sheep. (See Darling v. Woodward, 54 Yt. 101.) The present proceeding is against Woodward’s bail. The copy of appeal objected to as evidence by the defendants, was the copy of appeal from the justice court to the County Court in the original suit. That suit was also appealed…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
It is objected that the copies of appeal were not admissible under the plea of nul tiel record, and contended that Murdock v. Hicks, 50 Vt. 683, so holds. But the holding there was, not that copies of appeal are not evidence, but that the copies offered did not show a record of the recognizance, but only a minute of recognizance from which the justice might have made a record in due form, and that a mere minute of recognizance is not a' record of recognizance that can be declared on as such, or that can be given in evidence under the plea of…
2Cases cited6 opinions
- Blood v. MorrillSupreme Court of Vermont · 1845
- Humphrey v. KassonSupreme Court of Vermont · 1854
- Murdock v. HicksSupreme Court of Vermont · 1878
- Mattocks v. BellamySupreme Court of Vermont · 1836
- Brackett v. McLeranSupreme Court of Vermont · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Wright v. BurbeeSupreme Court of Vermont · 1941