Legal Opinion

President of the Bank v. Cramton

Supreme Court of Vermont

Decided February 15, 1856PublishedCited by 1 opinion

Assumpsit brought into the county court by an appeal from the judgment of a justice of the peace. The declaration contained only the common counts, and demanded in damages the sum of one hundred dollars. Plea, the general issue; trial by the court, September Term, 1855, — Pierpoint, J., presiding.

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Assumpsit brought into the county court by an appeal from the judgment of a justice of the peace. The declaration contained only the common counts, and demanded in damages the sum of one hundred dollars. Plea, the general issue; trial by the court, September Term, 1855, — Pierpoint, J., presiding. The plaintiffs introduced evidence tending to prove that on the 15th day of February, 1854, the defendant presented and passed to the plaintiffs a certificate of deposit of seven hundred dollars, and that the plaintiffs, by mistake, paid the defendant.the sum of ninety dollars too much on account…

1Opinion of the Court

The opinion of the court was delivered by

Bennett, J.

The only question in this case is one of jurisdiction. We have no doubt a justice of the peace had original jurisdiction. The ad damnum did not exceed one hundred dollars. "With some few exceptions, a justice of the peace has jurisdiction in all civil causes where the debt or other matter in demand does not exceed one hundred dollrs. In actions on note and on book, the statute has defined what shall constitute the matter in demand, and in the latter case, it is the debtor side of the plaintiffs’ book.

Though in the present case the plaintiffs…

2Cases cited1 opinion

  1. Stevens v. HoweSupreme Court of Vermont · 1834

3Cited by1 opinion

  1. Luce v. MinardSupreme Court of Vermont · 1913

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