Learned v. Bellows
Supreme Court of Vermont
This case comes here on exceptions taken to the decision of the court below, in accepting the report of referees. The action was trespass, brought originally at the county court, demanding in damages more than one hundred dollars. The referees report, that there was no testimony on the part of the plaintiff tending to show the oxen (which is all plaintiff claimed) of greater value than $53 50. The defendant moved the county court to dismiss the action.
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This case comes here on exceptions taken to the decision of the court below, in accepting the report of referees. The action was trespass, brought originally at the county court, demanding in damages more than one hundred dollars. The referees report, that there was no testimony on the part of the plaintiff tending to show the oxen (which is all plaintiff claimed) of greater value than $53 50. The defendant moved the county court to dismiss the action. The report further shows, that defendant claimed to hold the oxen by virtue of certain executions, as the property of one Joseph Learned, the…
1Opinion of the Court
The opinion of the court was delivered by
Redeield J.
The motion to dismiss the action was cor-cretion whether the court will dismiss an action sounding in damages merely, when the ad damnum, brings the case within the jurisdiction of the County Court, they should not do this after a reference and report. And they should never do it in any case admitting of doubt, even in the mind of the plaintiff. If he had any rational ground of believing he could in any event recover more than one hundred dollars, he ought not to be turned over to an inferior jurisdiction, after the case has already been…
2Cases cited3 opinions
- Johns v. StevensSupreme Court of Vermont · 1830
- Southwick v. Reuben MerrillSupreme Court of Vermont · 1830
- Bliss v. RollinsSupreme Court of Vermont · 1834
3Cited by7 opinions
- Winn v. ChamberlinSupreme Court of Vermont · 1859
- White v. WhiteSupreme Court of Vermont · 1849
- Martin v. Town of WellsSupreme Court of Vermont · 1871
- Maxfield v. ScottSupreme Court of Vermont · 1845
- Potter v. ThompsonSupreme Court of Vermont · 1892
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