Legal Opinion

Underwood v. Hart

Supreme Court of Vermont

Decided December 15, 1850PublishedCited by 5 opinions

Audita Q,uerela. The complainant alleged, that the defendant sued out a writ against him, in an action upon note, returnable before Lyman Cummings, a justice of the peace, at the office of Lyman & Chittenden, in Burlington, on the twenty first day of September, 1846, at nine o’clock in the forenoon, and caused the same to be served by attaching the complainant’s property, and that the complainant attended at the place of trial on the return day of the writ, but the justice…

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Audita Q,uerela. The complainant alleged, that the defendant sued out a writ against him, in an action upon note, returnable before Lyman Cummings, a justice of the peace, at the office of Lyman & Chittenden, in Burlington, on the twenty first day of September, 1846, at nine o’clock in the forenoon, and caused the same to be served by attaching the complainant’s property, and that the complainant attended at the place of trial on the return day of the writ, but the justice was not present at the place of return within two hours after the time set for the return, but afterwards, by the…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

1. We think the charge of the court to the jury, as to what constituted an entry of an action in a justice court, was substantially in accordance with the decisions of Phelps v. Birge, 11 Vt. 161, and Peach v. Mills, 13 Vt. 501, and was so expressed, as not to mislead the jury.

2. The charge in regard to the presumption in favor of the regularity of the proceedings, and that some proof was necessary to overcome this, was correct; and we do not perceive, that there was any such proof in the case, as to change the burden of proof.

3. The…

2Cases cited5 opinions

  1. Sundry Goods, Wares & Merchandises v. United StatesSupreme Court of the United States · 1829
  2. Curtis v. InghamSupreme Court of Vermont · 1829
  3. Town of Burlington v. Town of CalaisSupreme Court of Vermont · 1829
  4. Peach v. MillsSupreme Court of Vermont · 1841
  5. Phelps v. BirgeSupreme Court of Vermont · 1839

3Cited by5 opinions

  1. Easton v. Snyder-Trimble Co.Nebraska Supreme Court · 1913
  2. Save the Niobrara River Ass'n v. AndrusDistrict Court, D. Nebraska · 1979
  3. Town of Barnard v. HenrySupreme Court of Vermont · 1853
  4. Pinney v. PettySupreme Court of Vermont · 1874
  5. Leavitt v. FletcherSupreme Court of New Hampshire · 1880

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