State v. Klondike Machine
Supreme Court of Vermont
Appeal from the judgment of a justice of the peace ordering the destruction of a Klondike machine upon a complaint brought before him under No. 121, § 2, Acts 1898, by the sheriff of Bennington County. Heard on motion to dismiss the appeal at the December Term, 1903, Bennington County, Watson, J., presiding. Judgment pro forma dismissing the appeal. The appellant excepted. The Auto Machine Co-. entered as claimant before the justice, and is the appellant.
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Appeal from the judgment of a justice of the peace ordering the destruction of a Klondike machine upon a complaint brought before him under No. 121, § 2, Acts 1898, by the sheriff of Bennington County. Heard on motion to dismiss the appeal at the December Term, 1903, Bennington County, Watson, J., presiding. Judgment pro forma dismissing the appeal. The appellant excepted. The Auto Machine Co-. entered as claimant before the justice, and is the appellant. The proceeding at first was in rem but, when the appellant came in as claimant, it became a proceeding inter partes. State v. Adams, 72 Vt.…
1Opinion of the CourtMunson, J.
No. 12i, Acts of 1898, consists of three sections; of which the first imposes ’ a penalty for keeping a Klondike machine in a place of public resort, the second prouddes for the seizure, condemnation and destruction of the machine, and the third gives justices jurisdiction of cases arising under the act. The question is whether there is a right of appeal in proceedings under the second section.
It is held that the general provision allowing appeals from 'the judgments of justices in civil causes applies only to cases falling within the ordinary jurisdiction of justices, and cannot 'be extended…
2Cases cited4 opinions
- State v. PetersonSupreme Court of Vermont · 1869
- State v. Intoxicating LiquorSupreme Court of Vermont · 1883
- Griswold v. Town of RutlandSupreme Court of Vermont · 1851
- State v. BrandySupreme Court of Vermont · 1871
3Cited by2 opinions
- Mims Amusement Co. v. South Carolina Law Enforcement DivisionSupreme Court of South Carolina · 2005
- State v. Intoxicating LiquorSupreme Court of Vermont · 1909