Legal Opinion

Steel v. Bates

Supreme Court of Vermont

Decided July 15, 1829PublishedCited by 2 opinions

This was a case of audita querela tried before the county court, April term, 1829, wherein the plaintiff prayed that a certain judgment, rendered against him by a justice of the peace, in favor of the said Sylvanus Bates,might be set aside.

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This was a case of audita querela tried before the county court, April term, 1829, wherein the plaintiff prayed that a certain judgment, rendered against him by a justice of the peace, in favor of the said Sylvanus Bates,might be set aside. The defendant pleaded the generalissue, and on trial to the jury the complainant introduced evidence tending to show, that said cause of Bates against Steel, was continued from the 9th day of August to the 29th day of September, at one o’clock, P. M. and the defendant introduced evidence tending to prove that said cause was continued to nine o’clock,…

1Opinion of the Court

After argument, the opinion of the Court was delivered by

Padbock, J.

Were we confined as strictly to the paragraph in the 5 th section of the act of 1803, as contended for by the counsel for the plaintiff, we should be under the necessity of extending it to this case. But the whole section is to be taken together, in order to give a true construction to that part intended to be applied here. It is “ That no court shall be appointed to be hold- “ en before a justice of the peace, for the trial of any civil cause “ or action, at an earlier hour than nine in the forenoon, nor at a “ later than…

2Cited by2 opinions

  1. Whitcomb v. RoodSupreme Court of Vermont · 1847
  2. Washington County Mutual Ins. v. MillerSupreme Court of Vermont · 1853

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