Spaulding v. Chamberlin

Decided March 15, 1840

Supreme Court of Vermont · decided 1840-03-15

This was an action of trespass and false imprisonment. Plea, general issue, with notice that the supposed false imprisoment was an arrest made by virtue of an execution duly issued by John Curtis, Esq., a justice of the peace of Orange county, on a judgment rendered by said justice, which judgment remained in force and unsatisfied. • The arrest being proved, the defendant gave in evidence' a copy of the judgment described in his notice, by which it appeared that a writ of…

Good law ✅— No negative treatment on recordhow we know

Decided 1840-03-15

How this case has been cited

Cited by 4 later decisions — most recently October 1912

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1The opinion of the court was delivered by

Collamee., J.

¶2— The defendant justified under the judgment of a justice of the peace, and ho showed the judgment by a duly certified copy of the record. The plaintiff pro*541posed to show by parol, in effect, that there was, in fact, no such process or judgment.

¶3A justice’s record is as conclusive as that of any other court. It can be tried by inspection, only, and is- conclusive of every fact stated in it, until regularly set aside. This record showed that a writ, duly signed by this justice, issued and was served and a judgment by him was duly rendered. Therefore the plaintiff could not be permitted to prove that the writ, when issued, was not signed by him, or to prove the judgment was not so rendered.

¶4Judgment affirmed.