Barnard v. Flanders
Supreme Court of Vermont
This was an action on the case. The plaintiff, in his declaration, alleged in substance, that on the 20th day of March, 1838, one Abner K. White prayed out a writ of attachment in his favor, against Barnard, the plaintiff in this suit, made returnable before the defendant, Flanders, a justice of the peace within and for the county of Lamoille, at J. Sawyer’s office, in Hydepark, on the second Thursday of April, 1838; that said writ was duly served upon the said Barnard, and…
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This was an action on the case. The plaintiff, in his declaration, alleged in substance, that on the 20th day of March, 1838, one Abner K. White prayed out a writ of attachment in his favor, against Barnard, the plaintiff in this suit, made returnable before the defendant, Flanders, a justice of the peace within and for the county of Lamoille, at J. Sawyer’s office, in Hydepark, on the second Thursday of April, 1838; that said writ was duly served upon the said Barnard, and returned to said justice; that, at the time when, and place where, said writ was made returnable, the said Barnard…
1Opinion of the Court
. The opinion of the court was delivered by
Williams, Ch. J.
— The present action was instituted against the defendant, complaining of his conduct as a justice of the peace, in a suit wherein one White was plaintiff and the said Asa Barnard defendant. The defendant introduced a certified copy of the record in that action, and the question is, whether it was admissible in evidence, and what was its effect ? If it became necessary in the trial, to show the proceedings in that case, or any part of them, the record was evidence. They could only be shown by the record, and I can see no objections to…
2Cited by3 opinions
- Eastman v. WatermanSupreme Court of Vermont · 1854
- Farr v. LaddSupreme Court of Vermont · 1864
- Stratton v. LyonsSupreme Court of Vermont · 1880