Glidden v. Elkins
Supreme Court of Vermont
CASE for a voluntary escape. For that the plaintiff, on the 5th of January, 1801, by the consideration of Mr. Justice Blanshard, recovered judgment against one Levi Osgood, for the sum of 7 dols. 23 cts. damages, and 3 dols. 6 cts. costs of suit; that he had taken out a pluries execution, and delivered the same to the defendant to serve and return; that the defendant arrested Osgood, committed him to prison, and then voluntarily permitted him to escape.
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CASE for a voluntary escape. For that the plaintiff, on the 5th of January, 1801, by the consideration of Mr. Justice Blanshard, recovered judgment against one Levi Osgood, for the sum of 7 dols. 23 cts. damages, and 3 dols. 6 cts. costs of suit; that he had taken out a pluries execution, and delivered the same to the defendant to serve and return; that the defendant arrested Osgood, committed him to prison, and then voluntarily permitted him to escape. General issue pleaded, and joinder. Upon the opening of the cause to the Jury, the Court noticed, that the amount of the plaintiff’s claim…
1Opinion of the Court
Curia.
There is a wide distinction between a mere dilatory plea as a matter of abatement, which is often cured by imparlance, and is the subject of jeofails, and a want of jurisdiction, which cannot be , cured by successive imparlances, or be reached by amendment. A party cannot give jurisdiction by waiver of plea. This Court have ever considered that jurisdiction cannot be created in them where it is expressly, by even consent of parties, much less by the laches of a party in neglecting to plead, an available plea.
The Legislature, with a laudable design to prevent the accumulation of costs in…
2Cited by6 opinions
- State v. BarnettSupreme Court of Vermont · 1939
- Deerfield Lumber Co. v. LymanSupreme Court of Vermont · 1915
- Miner's v. ShanasySupreme Court of Vermont · 1917
- Sanders v. PierceSupreme Court of Vermont · 1896
- Beaubien v. BrinckerhoffIllinois Supreme Court · 1840
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