Yates v. Pelton
Supreme Court of Vermont
TROVER for eight receipts and a leaf of an account book. Trial by jury, and verdict for plaintiff, September Term, 1875, Royce, J., presiding.
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TROVER for eight receipts and a leaf of an account book. Trial by jury, and verdict for plaintiff, September Term, 1875, Royce, J., presiding. The plaintiff introduced evidence tending to show that said receipts and leaf were used on the trial of a cause before defendant Gregg as a justice of the peabe, on August 24, 1874, in which Thomas Shannon was plaintiff and this plaintiff was defendant, as evidence to prove that the claim in that suit had been paid ; that said Gregg took the papers for advisement, to render judgment at some future time on notice ; that this plaintiff’s attorney called…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
Wo think the defendants were not entitled to have the jury charged as requested. To have been entitled to such a charge, the propositions embodied in the request must have been sound law, and applicable to the facts which the evidence tended to establish. A justice of the peace has the same right to the custody of papers or exhibits filed as evidence in a case on trial before him, that any other court of record has. He can retain them so long as they are necessary for his consideration in determining the issues upon which they are evidence.…
2Cited by1 opinion
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