55 Vt. 503 | Vt. | 1883
The petitioner presented an offset before the magistrate for more than $20, and swore to his offset, placing his damages at $200. The County Court found as facts that the petitioner presented to the justice, on trial of the case, said offset, in good faith, and swore to it, and there was no evidence against it; but the justice adjudged that he did not plead said offset in good faith, and from the manner the petitioner conducted in regard to said offset, that the justice, without acting corruptly, could adjudge that he did not plead the same in good faith, and-for that reason denied the petition and refused an appeal.
From the facts stated, the petitioner made a case before the justice that entitled him, as a matter of legal right, to an appeal. This legal right was denied him by the justice, which the County Court say could have been done without acting corruptly. The court do not find that he did do this legal wrong with corruption.
I. The statute of jeofail has been in force for centuries, and beneficent in its operation. It is incident to all human tribunals that judicial power should have place somewhere in the progress of trial of cases, to amend, correct, and restrain, to prevent the miscarriage of justice. And more especially in regard to inferior and petty tribunals whose knowledge of legal rights are, presumably, limited; and as the surroundings, and appliances,'about such courts are more calculated to subvert and pervert the cause of justice than to establish it, it is the more necessary that this correcting power should exist, and be exercised. The statute uses general, and quite comprehensive, terms in describing the purpose and scope of such petitions, and was intended to remedy all cases where the petitioner sought an appeal at the proper time and was legally entitled to it, and it was denied to him without his fault. Good faith, or the want of it, is not a visible, tangible fact, that can be seen and touched, but rather a state or condition of mind which can only be judged of by actual or fancied tokens and signs ; and the greatest errors have been committed, and the bloodiest and blackest pages in history written by men who arrogate to themselves good faith, and deny it to others.
The judgment is reversed, and cause remanded to the County Court to allow the petition on such terms as said court shall prescribe.