State v. Barrows
Supreme Court of Vermont
Complaint for assault and battery. Heard on motion to dismiss, December Term, 1884, Veazey, J., presiding. Motion denied. It was charged in the indictment, that “the said Nellie Barrows, with force and arms, in and upon one * * * * an assault did make, and her the said * * * * did then and there heat, bruise, &c., contrary to the form, force and effect of the statute,” &c. The jurisdiction of a justice of the peace is only statutory.
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Complaint for assault and battery. Heard on motion to dismiss, December Term, 1884, Veazey, J., presiding. Motion denied. It was charged in the indictment, that “the said Nellie Barrows, with force and arms, in and upon one * * * * an assault did make, and her the said * * * * did then and there heat, bruise, &c., contrary to the form, force and effect of the statute,” &c. The jurisdiction of a justice of the peace is only statutory. Bennett’s Justice, 1; Paine v. Eli, 1 D. Chip. 37. The general statutory jurisdiction of justices is only in cases where the fine is not more than $10. R. L. s.…
1Opinion of the Court
The opinion of the court was delivered by
Boss, J.
The respondent was complained of before a justice of the peace for an assault and battery, and there convicted and sentenced to pay a fine of $20. The respondent appealed to the County Court, and there filed a motion to dismiss the prosecution, on the claimed ground that the justice had imposed a larger fine than he was authorized by statute ta impose for such an offense. She claims that the justice’s jurisdiction in this respect is that conferred by sec. 1666, R. L., or the power to impose afine not exceeding $10. The justice of the peace held…
2Cases cited2 opinions
- State v. BenedictSupreme Court of Vermont · 1839
- State v. RiggsSupreme Court of Vermont · 1850