Stone v. Proctor
Supreme Court of Vermont
The act fixing the time within which actions must he entered in Justices’ Courts, is directory to the Justices. Of the actual time of entry the Justice is necessarily the judge in the first instance.
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The act fixing the time within which actions must he entered in Justices’ Courts, is directory to the Justices. Of the actual time of entry the Justice is necessarily the judge in the first instance. If the party he dissatisfied "with his decision, he may plead the matter in abatement, and have the fact found by a Jury; but, if he waive it, and plead to the merits of the action, he is and ought to be bound by his election, and the defendant can never thereafter avail himself of the same matter in abatement, by writ of error or otherwise. If a barn or farm-yard passes with the farm by a deed…
1Opinion of the Court
Aikens J.
delivered the opinion of the Court.
Justices’ Courts in this State, are Courts of record. If a Justice of the Peace should refuse to record, or to certify his record of any cause by him tried, of which he has jurisdiction, this Court have power to compel him; but when once the record is produced, it has the same conclusiveness between the parties, as the record of any other Court. The act fixing the time within which actions must be entered in Justices’ Courts, is directory to the Justices. Of the actual time when actions are entered, they are necessarily the judges, in the first…
2Cited by4 opinions
- Birchwood Land Company, Inc. v. Ormond Bushey & Sons, Inc.Supreme Court of Vermont · 2013
- Wing v. GraySupreme Court of Vermont · 1863
- Wescott v. BriereSupreme Court of Vermont · 1941
- Needham v. AllisonSuperior Court of New Hampshire · 1852