Holland v. Osgood
Supreme Court of Vermont
^This action being originally sued before a justice of the peace, OB the return day of the writ the subscribing magistrate being absent, another magistrate continued the cause, under the statute of 1832. The continuance was entered upon the files in these words : ■“ Townshend, January 29th, 1835. The signing magistrate being .absent, I continue this cause till the 2Sth day of February next,” &c., signed W. R. Shafter, Justice Peace.
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^This action being originally sued before a justice of the peace, OB the return day of the writ the subscribing magistrate being absent, another magistrate continued the cause, under the statute of 1832. The continuance was entered upon the files in these words : ■“ Townshend, January 29th, 1835. The signing magistrate being .absent, I continue this cause till the 2Sth day of February next,” &c., signed W. R. Shafter, Justice Peace. This was urged as a matter in abatement before the magistrate, and in the county court; but the plea being overruled, the question comes here for revision. The…
1Opinion of the Court
The opinion of the court was delivered by
Redjtield, J.
The question of the sufficiency of the plea in abatement arises on the construction of the second proviso of the act of 1832, giving one magistrate authority to continue a cause returnable before another, in case of bis absence, “ by reason of sickness or other cause.” The proviso is, that the justice shall enter on the files “ the reasons therefor,” at the time of such continuance, The terms used in the statute to define the occasion when the second magistrate shall have authority to assume jurisdiction of a cause not returnable before…
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