Phelps v. Birge
Supreme Court of Vermont
Audita querela to set aside a-judgment rendered by a justice of the peace against the complainant. On the trial before a jury in the county court, it appeared that the writ in the original suit was made returnable at the office of the justice at one o’clock in the afternoon, and was there seasonably returned by the officer who served it.
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Audita querela to set aside a-judgment rendered by a justice of the peace against the complainant. On the trial before a jury in the county court, it appeared that the writ in the original suit was made returnable at the office of the justice at one o’clock in the afternoon, and was there seasonably returned by the officer who served it. The justice was not at his office between one and three o’clock, but was in a neighboring store, in conversation with the complainant, until shortly after the two hours from the time set in the writ, for the trial of the case, had elapsed ; that at twenty…
1Opinion of the Court
The opinion of the court was delivered" by
Bennett, J.
We are called upon to give a construction to that act which provides that no plaintiff in a justice’s court shall be suffered tp enter an action after the expiration of two hours from the time set in the writ for trial, unless by consent of the defendant. That the profession have, in different sections of the state, given different practical constructions to this act, is unquestionably, true ; and, perhaps, there may have been different judicial determinations in regard to it; but we aie not advised that the question has ever, till the…
2Cases cited1 opinion
- Brown v. StacySupreme Court of Vermont · 1837
3Cited by4 opinions
- Comstock v. GroutSupreme Court of Vermont · 1845
- Paddleford v. BancroftSupreme Court of Vermont · 1850
- Underwood v. HartSupreme Court of Vermont · 1850
- Pinney v. PettySupreme Court of Vermont · 1874