Banister v. Wakeman
Supreme Court of Vermont
Action on the case. Heard at the February term, 1891, Orleans county, Tyler, J., presiding, upon general demurrer to the first count of the plaintiff’s declaration. The demurrer was sustained pro forma, and the plaintiff excepted.
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Action on the case. Heard at the February term, 1891, Orleans county, Tyler, J., presiding, upon general demurrer to the first count of the plaintiff’s declaration. The demurrer was sustained pro forma, and the plaintiff excepted. The first count, after alleging'the issuing of a warrant by the defendant upon the complaint-of a town grand juror, and the arrest and production of the plaintiff upon the same continued : “And the plaintiff being then before said Wakeman, justice of the peace as aforesaid, the said Wakeman while then and there pretending to actas a justice of the peace in the trial…
1Opinion of the Court
The opinion of the court was delivered by
THOMPSON, J".
In the criminal prosecution against the plaintiff instituted before the defendant as a justice of the peace, he had jurisdiction of theperson of the plaintiff, of the offense charged and of the process issued to apprehend the plaintiff, by which he was brought before the justice to answer to the alleged assault and battery. Having at the outset jurisdiction of the subject matter, the person and the original process, it is insisted by the defendant that all his subsequent acts as alleged and complained of in the plaintiff’s declaration and…
2Cases cited13 opinions
- Bradley v. FisherSupreme Court of the United States · 1872
- Randall v. BrighamSupreme Court of the United States · 1869
- Lange v. . BenedictNew York Court of Appeals · 1878
- Yates v. LansingCourt for the Trial of Impeachments and Correction of Errors · 1811
- Tompkins v. SandsNew York Supreme Court · 1832
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3Cited by18 opinions
- Levinsky v. DiamondSupreme Court of Vermont · 1989
- State v. NoakesSupreme Court of Vermont · 1897
- O'Connor v. DonovanSupreme Court of Vermont · 2012
- Goodell v. TowerSupreme Court of Vermont · 1904
- Nadeau v. MarchessaultSupreme Court of Vermont · 1942
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