Spaulding v. Chamberlin
Supreme Court of Vermont
This was an action of trespass and false imprisonment. Plea, general issue, with notice that the supposed false imprisoment was an arrest made by virtue of an execution duly issued by John Curtis, Esq., a justice of the peace of Orange county, on a judgment rendered by said justice, which judgment remained in force and unsatisfied. • The arrest being proved, the defendant gave in evidence' a copy of the judgment described in his notice, by which it appeared that a writ of…
Read the full summary
This was an action of trespass and false imprisonment. Plea, general issue, with notice that the supposed false imprisoment was an arrest made by virtue of an execution duly issued by John Curtis, Esq., a justice of the peace of Orange county, on a judgment rendered by said justice, which judgment remained in force and unsatisfied. • The arrest being proved, the defendant gave in evidence' a copy of the judgment described in his notice, by which it appeared that a writ of execution issued on the 2d day of January, 1839, and had not been returned. The execution, upon which the arrest was made,…
1Opinion of the Court
The opinion of the court was delivered by
Collamee., J.
— The defendant justified under the judgment of a justice of the peace, and ho showed the judgment by a duly certified copy of the record. The plaintiff pro*541posed to show by parol, in effect, that there was, in fact, no such process or judgment.
A justice’s record is as conclusive as that of any other court. It can be tried by inspection, only, and is- conclusive of every fact stated in it, until regularly set aside. This record showed that a writ, duly signed by this justice, issued and was served and a judgment by him was duly rendered.…
2Cited by5 opinions
- Hammond & Draper v. Wilder & LockeSupreme Court of Vermont · 1853
- Mears v. DanielsSupreme Court of Vermont · 1911
- Farr v. LaddSupreme Court of Vermont · 1864
- Carey v. Hawaiian Lumber Mills, Ltd.Hawaii Supreme Court · 1912
- Stratton v. LyonsSupreme Court of Vermont · 1880