Hair v. Bell
Supreme Court of Vermont
This was an action of assumpsit originally commenced before a justice of the peace, demanding in damages one hundred dollars. The declaration contained a special count on a written contract, alleging that the plaintiff agreed to work for the defendant, as a joiner, for a year, the defendant at the same time agreeing to furnish the plaintiff with work, &c., and at the expiration of the time to pay him one hundred and eighty dollars.
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This was an action of assumpsit originally commenced before a justice of the peace, demanding in damages one hundred dollars. The declaration contained a special count on a written contract, alleging that the plaintiff agreed to work for the defendant, as a joiner, for a year, the defendant at the same time agreeing to furnish the plaintiff with work, &c., and at the expiration of the time to pay him one hundred and eighty dollars. There was likewise a general count for work and labor done. Plea, non-as-sumpsit. At the May Term, the plaintiff made a motion to dismiss the suit, on the ground…
1Opinion of the Court
*38The opinion of the court was pronounced by
Mattocks, J.
— The defendant in the county court mo - ' ved to dismiss the action for the want of jurisdiction in the justice from whose judgment thé cause was appealed. And the first question is, whether the justice had jurisdiction of the cause. The declaration in substance alleges that plaintiff agreed to work as a joiner for the defendant a year; that defendant agreed to employ and furnish him with meat, drink and lodging, a warm shop in winter, and at the end of the year to pay him one hundred and eighty dollars, or so much as should then be due ;…
2Cited by1 opinion
- Mullen v. GilkinsonSupreme Court of Vermont · 1847