Crawford v. Cheney
Supreme Court of Vermont
Audita querela to set aside a judgment which the defendant had obtained against the complainant, before a justice of the peace. Plea, the general issue and trial by jury. On the trial in the county court, it appeared that the judgment in question was obtained under the following circumstances :— On the day set in the writ for trial before the justice, the complainant left home in company with one Grant, with the avowed intention of attending the trial of said cause.
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Audita querela to set aside a judgment which the defendant had obtained against the complainant, before a justice of the peace. Plea, the general issue and trial by jury. On the trial in the county court, it appeared that the judgment in question was obtained under the following circumstances :— On the day set in the writ for trial before the justice, the complainant left home in company with one Grant, with the avowed intention of attending the trial of said cause. On his way he met the justice, before whom the writ was made returnable, who informed him he was then on his way to Whitefield,…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, J.
— There can be very little doubt, I apprehend, that the continuance of the cause before the justice, in this case, was irregular and operated a discontinuance of the suit. The statute expressly requires that the plaintiff in all actions originally returnable before a justice of the peace, shall enter his action, within two hours after the time set for trial. In the case of Phelps v. Birge, 11 Vt. R. 161, this court held that, in order to a compliance with this statute, it was neces*569sary, at the least, that the justice should be at the place…
2Cited by8 opinions
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- Eastman v. WatermanSupreme Court of Vermont · 1854
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- Hinman v. SwiftSupreme Court of Vermont · 1846
- Oatman & Sherman v. BarneySupreme Court of Vermont · 1874
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