Town of Brighton v. Kelsey
Supreme Court of Vermont
Case to recover the penalty given by V. S. 382. Heard on motion to dismiss the writ, and on demurrer to the declaration, at the October Term, 1904, Essex County, Start, J., presiding. The motion to dismiss was overruled. Thereupon the defendant demurred. Demurrer overruled, pro forma, and declaration adjudged sufficient. The defendant excepted. The opinion states all the facts pertinent to the question decided. The motion to dismiss should have been granted.
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Case to recover the penalty given by V. S. 382. Heard on motion to dismiss the writ, and on demurrer to the declaration, at the October Term, 1904, Essex County, Start, J., presiding. The motion to dismiss was overruled. Thereupon the defendant demurred. Demurrer overruled, pro forma, and declaration adjudged sufficient. The defendant excepted. The opinion states all the facts pertinent to the question decided. The motion to dismiss should have been granted. The mere interlining of the words “Signed and” in the date required by the statutory form is no compliance with the requirement of V. S.…
1Opinion of the CourtWatson, J.
In the court below, the defendant moved to dismiss the writ because the magistrate signing the same did not enter upon it a minute of the day, month, and year when he signed it, as required by section 1993 of Vermont Statutes. To the overruling of this motion, the defendant excepted. No question is made but that the action is within the purview of this statute. Just above the magistrate’s signature fi> the writ itself are the words and figures following: “Signed and dated at Brighton in the County of Essex this 7th day of June, A. D. 1904.” This, the plaintiff contends, answers the…
2Cases cited3 opinions
- Clark v. PowellSupreme Court of Vermont · 1890
- Whitcomb v. Davenport's Est.Supreme Court of Vermont · 1891
- State v. PerkinsSupreme Court of Vermont · 1886
3Cited by7 opinions
- Becklin v. BecklinSupreme Court of Minnesota · 1906
- Taft v. TaftSupreme Court of Vermont · 1909
- Stearns v. GrahamSupreme Court of Vermont · 1909
- State v. BosworthSupreme Court of Vermont · 1912
- In Re BlakeSupreme Court of Vermont · 1934
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