Griffin v. Spaulding
Supreme Court of Vermont
This was an audita querela to set aside an execution issued by a justice of the peace. On the trial, it appeared that the court was appointed to be held in Jerico, at the house of one Bostwick, on the 27th day of November, A. D. 1832; that the parties appeared at the time and place appointed.
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This was an audita querela to set aside an execution issued by a justice of the peace. On the trial, it appeared that the court was appointed to be held in Jerico, at the house of one Bostwick, on the 27th day of November, A. D. 1832; that the parties appeared at the time and place appointed. The complainant prayed for a jury, which was allowed, and a venire issued and was delivered to an officer, summoning a jury to appear forthwith at the place where the court were then sitting. — That while the officer was absent, serving the venire, the justice, without the consent of the parties,…
1Opinion of the Court
The opinion of the Court was pronounced by
Mattocks, J.
— The first question raised in this case is, whether a justice of the peace has power to adjourn a cause to any place other than that set in the writ. The 19th sec. of the justice'act says, that every justice of the peace shall have power to adjourn the trial of any civil action brought before him, to such future time as may be proper, not exceeding three months.
It is contended that this section confers the power as to time, but being silent as to place, the justice has no right to change the place named in the writ. Whether the power of…
2Cited by1 opinion
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