Treasurer of Middletown v. Ames
Supreme Court of Vermont
This was an action of debt upon a recognizance, entered into by the defendants for the appearance of said Ames, against whom a complaint and warrant had been issued in favor of the state, upon which he had been arrested and brought before a justice of the peace.
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This was an action of debt upon a recognizance, entered into by the defendants for the appearance of said Ames, against whom a complaint and warrant had been issued in favor of the state, upon which he had been arrested and brought before a justice of the peace. Upon application of said Ames for a continuance, which was granted, the justice ordered the recognizance upon which this action was brought, and was conditioned for the appearance of said Ames at the time and place to which the cause was continued for trial, and from time to time, &o. to answer to the matters contained in the…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
The question presented in the first plea in bar was virtually decided in the case of State vs. Batcheldor, 6 Vt. Rep. 479. It was held there'that a justice of the peace had jurisdiction of a complaint in behalf of the state, where the fine on conviction was payable to the treasurer of the town in which the justice resided. The same reason would apply to the case of a juror. The practice in this state has always been, when a jury was required in a criminal case pending before a justice of the peace to select them from the town where the…
2Cases cited1 opinion
- State v. BatchelderSupreme Court of Vermont · 1834
3Cited by6 opinions
- Doyal v. StateSupreme Court of Georgia · 1883
- Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1888
- State v. SawtelleSupreme Court of New Hampshire · 1891
- Wilson v. Wapello CountySupreme Court of Iowa · 1905
- State v. BrainerdSupreme Court of Vermont · 1884
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