State v. Dwyer
Supreme Court of Vermont
Scire Facias upon a recognizance. Plea, former judgment -upon the same cause of action in the city court of the city of Rutland. Replication that the city court had no jurisdiction. Joinder of issue. Upon hearing it was agreed that the replication should be treated as demurred to and ■considered as tendering an issue of law upon the question whether the city court had jurisdiction. Acts of 1892, No. 110, creating the city court, was referred to.
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Scire Facias upon a recognizance. Plea, former judgment -upon the same cause of action in the city court of the city of Rutland. Replication that the city court had no jurisdiction. Joinder of issue. Upon hearing it was agreed that the replication should be treated as demurred to and ■considered as tendering an issue of law upon the question whether the city court had jurisdiction. Acts of 1892, No. 110, creating the city court, was referred to. Heard at the March Term, 1897, Rutland County, Tyler, J., presiding.
1Opinion of the CourtTyler, J.
The defendant Dwyer was, on the 4th day of May, 1896, prosecuted in the city court of Rutland for selling intoxicating liquor without authority, adjudged guilty and sentenced to pay a fine and costs, from which judgment and sentence he appealed to the September Term, 1896, of the Rutland County Court, he as principal, and defendant Barker as surety, recognizing in the usual form in the sum of fifty dollars for his appearance at that term. The appeal and the record of the proceedings before the city •court were duly entered in the county court, the case was set for trial, and Dwyer not…
2Cases cited4 opinions
- Commonwealth v. GreenMassachusetts Supreme Judicial Court · 1815
- Walsh, Leonard & Jackson v. HaswellSupreme Court of Vermont · 1839
- State v. FolsomSupreme Judicial Court of Maine · 1846
- Shumway v. SargeantSupreme Court of Vermont · 1855