Watson v. Payne
Supreme Court of Vermont
Action of Contract appealed from the judgment of a justice of the peace. The justice who tried the case was a justice of the peace solely by virtue of his office as one of the assistant judges of the Bennington county court. Trial by jury at the December Term, 1919, Bennington County, Chase, J., presiding. Verdict for the plaintiff.
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Action of Contract appealed from the judgment of a justice of the peace. The justice who tried the case was a justice of the peace solely by virtue of his office as one of the assistant judges of the Bennington county court. Trial by jury at the December Term, 1919, Bennington County, Chase, J., presiding. Verdict for the plaintiff. After verdict the defendant moved to dismiss the action because the justice of the peace who tried the case did not have jurisdiction to hear and determine the same. The motion was granted. The plaintiff excepted. The disqualification of a justice may be'waived.…
1Opinion of the CourtSlack, J.
The action is contract. It was commenced before a justice of the peace. From a judgment for the plaintiff the defendant appealed to the county court, where, after verdict against him, he moved to dismiss the case on the ground that the justice did not have jurisdiction to try and determine the same, because of the limitation upon his authority contained in the last clause of section 28 of chapter 2 of the Constitution. That part of said section material to the question before us is as follows: “ Justices of the Supreme Court shall be Justices of the Peace throughout the State; and the several…
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