Parkhurst v. Spalding
Supreme Court of Vermont
Debt upon a judgment, for $71.63 damages and $3.05 costs of suit, recovered Nov. 23, 1835, and on which there was due, with the interest, at the time of the commencement of this action, a sum exceeding one hundred dollars. This action was commenced before a justice of the peace, and the declaration, after describing the judgment declared upon1, and averring that it remained unsatisfied, concluded, generally, “ To the damage of the plaintiff, as he says, one hundred dollars.”
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Debt upon a judgment, for $71.63 damages and $3.05 costs of suit, recovered Nov. 23, 1835, and on which there was due, with the interest, at the time of the commencement of this action, a sum exceeding one hundred dollars. This action was commenced before a justice of the peace, and the declaration, after describing the judgment declared upon1, and averring that it remained unsatisfied, concluded, generally, “ To the damage of the plaintiff, as he says, one hundred dollars.” The case was brought to the county court by appeal, and the plaintiff there filed a new declaration, which, after…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.,
This suit was originally brought before a justice of the peace, upon a judgment, which, adding thereto the interest, exceeded one hundred dollars in the whole. In the declaration before the justice the plaintiff did not declare technically for debt and *529damages, but concluded his declaration in general terms, to Ms damage one hundred dollars. In his declaration in the county court he only goes for the debt, and claims no damage for its detention. The only question, raised in this case, is, as to the appellate juris-, diction of this court.
In…
2Cases cited1 opinion
- Stevens v. PearsonSupreme Court of Vermont · 1833
3Cited by4 opinions
- Lewers & Cooke, Ltd. v. RedhouseHawaii Supreme Court · 1902
- Bullard v. ThorpeSupreme Court of Vermont · 1894
- Kelley v. Town of MoretownSupreme Court of Vermont · 1899
- Edgerton v. SmithSupreme Court of Vermont · 1863