State v. Brandy
Supreme Court of Vermont
Complaint and warrant for the seizure of intoxicating liquor under sec. 22 of chap. 94 of the General Statutes. Ralph E. Ray and John EL Brooks appeared as claimants • of the liquor in question, and demanded a trial by jury under the provisions of chapter 94 of the General Statutes, and also under the law of 1868, (Acts of 1868, No. 88, sec. 3,) constituting the city court of the city of Burlington.
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Complaint and warrant for the seizure of intoxicating liquor under sec. 22 of chap. 94 of the General Statutes. Ralph E. Ray and John EL Brooks appeared as claimants • of the liquor in question, and demanded a trial by jury under the provisions of chapter 94 of the General Statutes, and also under the law of 1868, (Acts of 1868, No. 88, sec. 3,) constituting the city court of the city of Burlington. The court, Shaw, J., pro forma, decided that the claimants were not entitled to a trial by jury, but that the cause must be tried by the court, to which the claimants excepted. The prosecution…
1Opinion of the Court
The opinion of the court was delivered by
Wheeler, J.
The decision of this case depends upon' what the legislature meant by civil actions, in the act of 1868 relating to the city court for the city of Burlington, Gen. St., 1870, 1008. An action is a demand óf a right in a court of justice. A civil action is a like demand by a person of a civil right. In such an action there must be some one to make the demand, and another of whom it is made, a plaintiff and a defendant. The proceeding in question was created by statute for the purpose of condemning property that is dangerous to the public…
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