Driggs v. Burton
Supreme Court of Vermont
This was an action on the case for a malicious prosecution, as by the declaration stated, and was tried by tho jury upon the general issue, at the September term, Chittenden county, 1870, Pieupoint, Oh. J., presiding. Verdict for the plaintiff, $4,500. The plaintiff introduced a certified copy of the record of the complaint, warrant and proceedings before John B. Hollenbeck, Esq., justice of the peace, in case State v. William S. Briggs, which is made part of the case.
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This was an action on the case for a malicious prosecution, as by the declaration stated, and was tried by tho jury upon the general issue, at the September term, Chittenden county, 1870, Pieupoint, Oh. J., presiding. Verdict for the plaintiff, $4,500. The plaintiff introduced a certified copy of the record of the complaint, warrant and proceedings before John B. Hollenbeck, Esq., justice of the peace, in case State v. William S. Briggs, which is made part of the case. Said Hollenbeck testified that he was, at the time of such proceedings, a justice of the peace and acting recorder of the…
1Opinion of the Court
The opinion of the court was delivered by
Wheeler, J.
From the oral evidence received without objection and not contradicted, it appears that the plaintiff was in fact discharged from custody, and that the proceedings against him before Justice Hollenbeck came in fact to an end. There was no formal discharge of him by the justice, but the proceedings that were had in effect discharged him. The entry made by the justice upon his files was merely nolle prosequi by the State’s attorney ; but that entry was a mere memorandum, made by the justice, by which to write out the formal record of the…
2Cases cited4 opinions
- Pangburn v. BullNew York Supreme Court · 1828
- Nott v. StoddardSupreme Court of Vermont · 1865
- Baldwin v. WeedNew York Supreme Court · 1837
- Nash v. DoyleSupreme Court of Vermont · 1868
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- Ramsey v. ArrottTexas Supreme Court · 1885
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