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13 Vt. 595

Beech v. Rich

Supreme Court of Vermont

Decided March 15, 1841

Supreme Court of Vermont · decided 1841-03-15

Debt, on a recognizance entered info by the defendant, before one of the judges of the county court, on granting an audita querela in favor of Stevens and others against Beech, the present plaintiff, in which action Beech recovered a judgment for his costs. The defendant pleaded nul tiel record, and a special plea in bar, that the record of the recognizance was made by the judge who signed it without the knowledge or consent of the defendant.

Good law ✅— No negative treatment on recordhow we know

Decided 1841-03-15

How this case has been cited

Cited by 6 later decisions — most recently July 1898

5 state decisions

30184118501860187018801890decided

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.

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¶1The opinion of the court was delivered by

Collamer, J.

¶2The record of a judicial proceeding is, as to all the parties thereto, conclusive of the facts therein al*597leged. This has been too long and uniformly holden to require either discussion or authority. This recognizance, taken and certified by a judge of the county court, states that the defendant personally appeared and entered into the recognizance. This is conclusive of that fact as against the defendant.

¶3It is said, dangerous consequences may follow the application. of this rule. That may be possible, but still more dangerous consequences must follow the overturning and disregarding of this rule, even if we were at liberty to so disregard it. It would permit all the recognizances, taken in this and in the county court, and by the judges thereof, such as recognizances for reviews, for the appearance of criminals, sheriff’s bail, and even judgments themselves, to be contradicted and set aside by parol. It is no more to be supposed that county judges will certify falsely than that courts will make false records. Possibly, in relation to recognizances in writs which may be signed in blank, provision against danger should be made. But the present was a judicial writ, and could not have been issued in blank. The plaintiff in this suit was the defendant in that. He would not have been permitted to allege that, in fact and truth, no recognizance for his security had been taken. The record would have been conclusive upon him. The law enforced it on him as his security, and that law must not now betray him.

¶4Judgment affirmed.

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