Peach v. Mills
Supreme Court of Vermont
This was an action of book account, commenced before a justice of the peace, wherein a plea in abatement was pleaded, which was overruled by the justice and the defendant appealed to the county court. The plea in abatement was, in substance, that the justice, who signed the plaintiff’s writ, was not present with the writ at the place therein appointed for trial, within two hours after the time therein set for trial. The plea was traversed, and issue was joined to the court.
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This was an action of book account, commenced before a justice of the peace, wherein a plea in abatement was pleaded, which was overruled by the justice and the defendant appealed to the county court. The plea in abatement was, in substance, that the justice, who signed the plaintiff’s writ, was not present with the writ at the place therein appointed for trial, within two hours after the time therein set for trial. The plea was traversed, and issue was joined to the court. The case was submitted, in the county court, upon the following statement of facts ; viz:— The justice, before whom the…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
In the present case, the court consider the facts agreed and placed upon the record, not sufficient to establish the plea, as pleaded. The facts agreed are, that the justice was at the place set for trial, within two hours after the time appointed in the writ; that he there inquired for writs and was informed of this, which was then in the office, and left, saying, if there was an appearance “ inform me.” He did not return until the first two hours had expired, but finding the defendant present, proceeded to hear the case, *503when the present…
2Cited by6 opinions
- Bass v. RubleeSupreme Court of Vermont · 1904
- Alling v. SheltonSupreme Court of Connecticut · 1844
- Underwood v. HartSupreme Court of Vermont · 1850
- Town of Jericho v. Town of UnderhillSupreme Court of Vermont · 1892
- Vanderburg v. ClarkSupreme Court of Vermont · 1850
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