Henry v. Estes
Massachusetts Supreme Judicial Court
Contract upon a judgment of a justice of the • peace of the State of Vermont, entered on June 11, 1852. Writ dated February 21, 1877. At the trial in the Superior Court before Gardner, J., without a jury, at October term 1878, the plaintiff contended that the judgment was rendered on a promissory note, upon a confession made by the defendant personally without antecedent process, under the Comp.
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Contract upon a judgment of a justice of the • peace of the State of Vermont, entered on June 11, 1852. Writ dated February 21, 1877. At the trial in the Superior Court before Gardner, J., without a jury, at October term 1878, the plaintiff contended that the judgment was rendered on a promissory note, upon a confession made by the defendant personally without antecedent process, under the Comp. Sts. of Vt. a. 29, § 22, and put in evidence the following copy of the judgment, duly certified: “State of Vermont, Bennington County, ss. “ Be it remembered that at Bennington, in said county, on the…
1Opinion of the CourtMorton, J.
This is an action upon a judgment of a justice of the peace of the State of Vermont. Such judgment is conclusive if it is duly proved, and if the justice had jurisdiction to render it. But nothing can be presumed in favor of the jurisdiction of courts or magistrates having only a special or limited jurisdiction. The record should show that the judgment was within the limits of their jurisdiction. Hendrick v. Whittemore, 105 Mass. 23. Wells v. Stevens, 2 Gray, 115. Sayles v. Briggs, 4 Met. 421. Nye v. Kellam, 18 Vt. 594. Wright v. Fletcher, 12 Vt. 431.
The statutes of Vermont provide that “ a…
2Cases cited4 opinions
- Norris v. DoniphanCourt of Appeals of Kentucky · 1863
- Hendrick v. WhittemoreMassachusetts Supreme Judicial Court · 1870
- Nye v. KellamSupreme Court of Vermont · 1846
- Wright v. FletcherSupreme Court of Vermont · 1840
3Cited by6 opinions
- Van Norman v. GordonMassachusetts Supreme Judicial Court · 1899
- Ayers, Weatherwax & Reid Co. v. SundbackSouth Dakota Supreme Court · 1894
- Peaslee v. PeasleeMassachusetts Supreme Judicial Court · 1888
- Loth v. FaconesowichMissouri Court of Appeals · 1886
- Hazel v. JacobsSupreme Court of New Jersey · 1910
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