Dodge v. Hubbell
Supreme Court of Vermont
This was an audita querela brought to the County Court. The defendant was found guilty by the jury, and filed his motion jn arrest. The same was overruled by the .County Court: and on motion of the defendant, the cause was removed to this court for the revision of that decision. The compláint recites, that thesaid Hubbell sued the said Dodge in trespass before a justice; thatDodg-g was arrested by the officer upon the writ, and was committed to prison for want of bail.
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This was an audita querela brought to the County Court. The defendant was found guilty by the jury, and filed his motion jn arrest. The same was overruled by the .County Court: and on motion of the defendant, the cause was removed to this court for the revision of that decision. The compláint recites, that thesaid Hubbell sued the said Dodge in trespass before a justice; thatDodg-g was arrested by the officer upon the writ, and was committed to prison for want of bail. When the day set for trial arrived, he was still in prison, and could not attend Court; by reason of which the justice…
1Opinion of the CourtHutchinson, J.
Two cases have been submitted for a decision, between these parties, differing only in this, that the other case was of greater magnitude, the damages assessed being one hundred dollars for a trespass to the person of Hubbell, while the one here stated, where the damages were assessed at twenty dollars, was for a trespass upon the ' *494freehold. In both, the damages have goner to\ the utmost extent of the jurisdiction of the justice.
It becomes important, in deciding upon the sufficiency- of this-complaint,to ascertain the nature' of the grievance complained of,., and the propriety of this writ…
2Cited by8 opinions
- Gormly v. McIntoshNew York Supreme Court · 1856
- Comstock v. GroutSupreme Court of Vermont · 1845
- Wardell v. EdenNew York Supreme Court · 1801
- Stone v. SeaverSupreme Court of Vermont · 1833
- Johnson v. RobertsSupreme Court of Vermont · 1886
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