State v. Lamoine
Supreme Court of Vermont
This case was tried at the September Term, 1880,' Pierpoint, Ch. J., presiding. Scire facias on a recognizance in a criminal cause.
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This case was tried at the September Term, 1880,' Pierpoint, Ch. J., presiding. Scire facias on a recognizance in a criminal cause. Pleas, nul tiel record, that no warrant for the arrest of the defendant Lamoine was issued ; that she was not arrested and brought before Chapman, Assistant Judge ; that defendants did not acknowledge themselves indebted to the plaintiff, and that they did not enter into a recognizance for the appearance of the female defendant to answer to the information in the declaration mentioned, modo et forma, &c. Trial by jury. The plaintiff offered in evidence the…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
This is scire facias upon a recognizance taken before a single judge of the County Court in vacation, in a criminal prosecution pending before the County Court. The jurisdiction of a judge of the County Court, or of a judge of the Supreme Court, to take such recognizance is conferred by statute, is special, and limited to those cases named in the statute. No intendment is to be made in favor of the jurisdiction of the tribunal in such cases ; but the jurisdiction must appear from the record itself. Treasurer of Vermont v. Merrill et al., 14 Vt.…
2Cases cited4 opinions
- Bridge v. FordMassachusetts Supreme Judicial Court · 1808
- Treasurer of Vermont v. MerrillSupreme Court of Vermont · 1842
- State v. SmithSupreme Judicial Court of Maine · 1822
- Winslow v. TarboxSupreme Judicial Court of Maine · 1841
3Cited by5 opinions
- State v. ShawSupreme Court of Vermont · 1901
- United States v. KeiverU.S. Circuit Court for the District of Western Wisconsin · 1893
- Kent v. MilesSupreme Court of Vermont · 1893
- Kent v. MilesSupreme Court of Vermont · 1895
- Thurston v. LenoSupreme Court of Vermont · 1964