Starbird v. Moore
Supreme Court of Vermont
Audita Querela. The complainants, (of whom the complainant Dewey was described as an infant, under the age of .twenty one years, who sued by his next friend,) alleged in their declaration, that the defendant commenced an action of trespass against them before a justice of the peace, and that, after several continuances, such proceedings were therein had, that on the twenty fourth day of September, 1845, the case came on for trial; that the complainants Dewey and Warner, who…
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Audita Querela. The complainants, (of whom the complainant Dewey was described as an infant, under the age of .twenty one years, who sued by his next friend,) alleged in their declaration, that the defendant commenced an action of trespass against them before a justice of the peace, and that, after several continuances, such proceedings were therein had, that on the twenty fourth day of September, 1845, the case came on for trial; that the complainants Dewey and Warner, who were both then infants, under the age of twenty one years, appeared by attorney and defended the suit; and that the…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
We consider, that the paper offered to prove the judgment complained of was admissible, as record evidence. It was none the less evidence of a record, because it contained a full copy of the original process and the officer’s return upon it, though a proper record might have been made without embracing such a copy. The paper showed, by necessary implication, the appearance of the parties in the suit before the justice, and stated the proceedings until the suit terminated in a trial and judgment. The whole was authenticated by the…
2Cases cited5 opinions
- Nye v. KellamSupreme Court of Vermont · 1846
- Gleason v. PeckSupreme Court of Vermont · 1840
- Strong v. BradleySupreme Court of Vermont · 1841
- Chase v. ScottSupreme Court of Vermont · 1842
- Titlemore v. WainwrightSupreme Court of Vermont · 1844
3Cited by6 opinions
- In Re DobsonSupreme Court of Vermont · 1965
- Drake v. HanshawSupreme Court of Iowa · 1877
- Caskey v. PetersonWisconsin Supreme Court · 1936
- Pettengill v. GilmanSupreme Court of Vermont · 1967
- Weiss v. CoudreyMissouri Court of Appeals · 1903
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