Casselini v. Booth
Supreme Court of Vermont
Trover for one barrel of ale. Plea, the general issue, with notice of justification under a search warrant issued by a justice of the peace, and directed to the defendant as police officer of the city of Barre. Trial by court in the City Court of the city of Barre, Pay, Judge. Judgment for the defendant. The plaintiff excepted. The complaint in question was exhibited to' the justice of ■the peace who' signed and issued the warrant.
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Trover for one barrel of ale. Plea, the general issue, with notice of justification under a search warrant issued by a justice of the peace, and directed to the defendant as police officer of the city of Barre. Trial by court in the City Court of the city of Barre, Pay, Judge. Judgment for the defendant. The plaintiff excepted. The complaint in question was exhibited to' the justice of ■the peace who' signed and issued the warrant. But said complaint contains no reference to any justice. It begins: “To-the City Court, within and for the city of Barre, in the County of Washington: Comes…
1Opinion of the Court
Tyijír, J.
This action is trover for one barrel of ale. The defendant admitted the taking of the property, but justified the act upon the ground that it was by virtue of a search warrant directed to him- as a police officer of the city of Barre by a justice of the peace. The trial court found the facts set out in the plea and notice and further found that the complainant was one Charles Zanieoni, who was a native of Italy and had taken- no- steps towards naturalization other than that he had filed in the City Court of the city of Barre, which is a court of record having a seal, his intention…
2Cases cited5 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Vaughn v. CongdonSupreme Court of Vermont · 1883
- Goodell v. TowerSupreme Court of Vermont · 1904
- Carleton v. TaylorSupreme Court of Vermont · 1877
- Driscoll v. PlaceSupreme Court of Vermont · 1872
3Cited by6 opinions
- Reichman v. HarrisCourt of Appeals for the Sixth Circuit · 1918
- Heleba v. AllbeeSupreme Court of Vermont · 1992
- Weigel v. BrownCourt of Appeals for the Eighth Circuit · 1912
- Johnson v. NelsonWashington Supreme Court · 1928
- Miguel v. AlvarezSupreme Court of Puerto Rico · 1937
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