Andrus v. Carroll
Supreme Court of Vermont
No signature of any justice of the peace, or any other magistrate authorized by law to sign county court writs, appeared upon the face of the paper containing the writ, except at' the foot of the minute of the recognizance taken as security for the defendant’s costs, where a justice of the peace had signed his name. This minute of the recognizance was separated from the body of the writ by the blank space usually left for the signature of the authority issuing the writ.
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No signature of any justice of the peace, or any other magistrate authorized by law to sign county court writs, appeared upon the face of the paper containing the writ, except at' the foot of the minute of the recognizance taken as security for the defendant’s costs, where a justice of the peace had signed his name. This minute of the recognizance was separated from the body of the writ by the blank space usually left for the signature of the authority issuing the writ. The defendant moved to dismiss the writ because it was not properly signed. The county court, at the September Term, 1861,…
1Opinion of the CourtBarrett, J.
Process, by which a suit is instituted, must bear the official signature of some officer authorized to issue the same. This is the meaning of the statute, in providing that original writs shall be signed by some one of the several judicial officers named; and in providing for the taking and making of the minute of recognizance, upon a writ so signed. The provision of the statute upon the subject clearly imports, that signing of the minute of recognizance is a distinct and different act from that ot signing the writ; requiring as it does, that this ‘shall be done upon the writ so signed,, as…
2Cited by6 opinions
- Howe v. Lisbon Savings Bank & Trust Co.Supreme Court of Vermont · 1940
- Sharman v. HuotMontana Supreme Court · 1898
- Anderson v. SouliereSupreme Court of Vermont · 1930
- Ramsey v. McDonaldSupreme Court of Vermont · 1936
- Hayashi v. IwataHawaii Supreme Court · 1903
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