Sumner v. Jones
Supreme Court of Vermont
Assumpsit. The action was commenced before a justice of the peace, and came to the county court by appeal. The defendant moved to dismiss the suit, on the ground that the same was not appealable. The county court overruled the motion, May Term, 1850. Exceptions by defendant. The case was tried May Term, 1851. Plea non assumpsit and offset. Issue to the country on both pleas, and trial by jury.
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Assumpsit. The action was commenced before a justice of the peace, and came to the county court by appeal. The defendant moved to dismiss the suit, on the ground that the same was not appealable. The county court overruled the motion, May Term, 1850. Exceptions by defendant. The case was tried May Term, 1851. Plea non assumpsit and offset. Issue to the country on both pleas, and trial by jury. The plaintiff gave in evidence the note declared on, dated the 26th day of April, 1847, for the sum of $30, payable in six months from date with interest, and rested. Upon said note, two payments had…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
The first question arising in this ease, is upon the motion to dismiss, and involves the propriety of the appeal granted in this case, from the judgment of the justice.
The ad damnum in the writ is laid at fifty dollars. The declaration is upon a promissory note of thirty dollars, on which two indorsements have been made, leaving a balance of over twelve dollars due thereon at the time of the commencement of this suit.— Without reference to the plea in offset, and the right' of appeal thereon, we entertain no doubt that the plaintiff was…
2Cases cited4 opinions
- Adams v. GaySupreme Court of Vermont · 1847
- Lovejoy v. WhippleSupreme Court of Vermont · 1846
- Sargeant v. ButtsSupreme Court of Vermont · 1849
- Barron v. PettesSupreme Court of Vermont · 1846
3Cited by7 opinions
- Troewert v. DeckerWisconsin Supreme Court · 1881
- McAuliffe v. VaughanSupreme Court of Georgia · 1911
- Tucker v. WestSupreme Court of Arkansas · 1874
- Raines v. WatsonWest Virginia Supreme Court · 1868
- Flinn v. St. JohnSupreme Court of Vermont · 1879
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