Legal Opinion

Shumway v. Sargeant

Supreme Court of Vermont

Decided February 15, 1855PublishedCited by 1 opinion

Scire facias. Original jurisdiction of the supreme court. Recognizances, where of record. Scire facias upon a recognizance.

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Scire facias. Original jurisdiction of the supreme court. Recognizances, where of record. Scire facias upon a recognizance. The writ was made returnable to this court, and alleged that the plaintiff had recovered a judgment, by default, before a justice of the peace, against one Walter J. Shepherd, whereupon the said Shepherd preferred his petition to the county court, representing that he was prevented by accident from having his day in said justice court, and praying to have said judgment set aside, and the action tried by said county court; and that thereupon the defendant became…

1Opinion of the Court

By the court,

Redfield, Ch. J.

This is a scire facias, brought on recognizance to this court. The first question made is, that this court have no authority to issue writs of scire facias. This objection is founded upon the statute giving this court power to issue writs of error, certiorari, mandamus, prohibition and quo warranto, ch. 28, § 5. But it is to be noticed, that these writs all pertain to that class denominated prerogative or supervisory writs, and all *442have reference to proceedings in subordinate tribunals. But the writ of scire facias is one which pertains to all courts of record, as…

2Cases cited3 opinions

  1. Comstock v. GroutSupreme Court of Vermont · 1845
  2. Carlton v. YoungSupreme Court of Vermont · 1826
  3. Phelps v. SladeSupreme Court of Vermont · 1841

3Cited by1 opinion

  1. State v. DwyerSupreme Court of Vermont · 1897

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