Strong v. Bradley
Supreme Court of Vermont
Trespass on the case, against the defendant, as sheriff of Franklin county, for not returning an execution in favor of the plaintiffs and against Joel Wilson, dated November 273 1837, made returnable in sixty days from its date. Plea5 not guilty. Issue to the country. The writ in the suit, wherein judgment was rendered a~ gainst Wilson, was against Corydon Pease and Wilson. But a non est return was made as to Pease.
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Trespass on the case, against the defendant, as sheriff of Franklin county, for not returning an execution in favor of the plaintiffs and against Joel Wilson, dated November 273 1837, made returnable in sixty days from its date. Plea5 not guilty. Issue to the country. The writ in the suit, wherein judgment was rendered a~ gainst Wilson, was against Corydon Pease and Wilson. But a non est return was made as to Pease. The plaintiffs, to sustain the issue on their part, offered in evidence a paper purporting to be the original writ, in favor of the plaintiffs v. Corydon Pease and Joel Wilson,…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
Two questions are made in this case. 1. Whether the evidence offered to prove the judgment *14against Wilson, was correctly received, and we are of opinion that it was not the appropriate evidence. Justices are required keeP records. In this case, the justice, Griswold, is still living, and there was no necessity of receiving any other evi-¿[ence than either the record of the judgment, or a certified copy thereof. The original record might be legitimate evidence, but it never should be used for that purpose on the trial of any issue which…
2Cited by4 opinions
- Nye v. KellamSupreme Court of Vermont · 1846
- Starbird v. MooreSupreme Court of Vermont · 1848
- Ellsworth v. LearnedSupreme Court of Vermont · 1849
- Dyer v. TiltonSupreme Judicial Court of Maine · 1880