State v. Drew
Supreme Court of Vermont
This was a grand juror’s complaint. It was agreed that H. W. Lyford, the justice who signed the warrant and tried the case, wrote the complaint and warrant at the request and in the presence of the grand juror for the town of Warren; that the justice then was, and for a long time before and ever since had been, “ a legal deputy sheriff within said town, and as such, was in the exercise of all the functions, and discharging all the duties, of said officethat the complaint was…
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This was a grand juror’s complaint. It was agreed that H. W. Lyford, the justice who signed the warrant and tried the case, wrote the complaint and warrant at the request and in the presence of the grand juror for the town of Warren; that the justice then was, and for a long time before and ever since had been, “ a legal deputy sheriff within said town, and as such, was in the exercise of all the functions, and discharging all the duties, of said officethat the complaint was served by the constable of said town ; and that the question of the right of the justice to make the complaint and sit…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The complaint upon which the respondent was prosecuted was written by H. W. Lyford while he was a legal deputy sheriff within and for the County of Washington, and discharging the duties of said office. The respondent moved to dismiss the complaint, and the case comes here on exceptions to the pro forma ruling of the court, overruling the motion.
*58Section 26, c. 12, of the Gen. Sts. provides that “ no sheriff or deputy sheriff shall be allowed to make any writ, declaration, complaint, or other precept or process, or draw or make any plea, except…
2Cases cited3 opinions
- Winchell v. PondSupreme Court of Vermont · 1847
- Hunt v. ViallSupreme Court of Vermont · 1848
- Walworth v. FarwellSupreme Court of Vermont · 1868
3Cited by1 opinion
- Price v. Supreme Home of the Ancient Order of PilgrimsTexas Commission of Appeals · 1926