Legal Opinion

Fuller v. Howard

Supreme Court of Vermont

Decided March 15, 1834Published

This was a scire facias against the defendant as bail on mesne process in the plaintiff’s favor against one Abram Minor, originally brought before a justice, from whose judgment an appeal was taken by the defendant to the county court. The ad dam-num was set at twenty dollars.

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This was a scire facias against the defendant as bail on mesne process in the plaintiff’s favor against one Abram Minor, originally brought before a justice, from whose judgment an appeal was taken by the defendant to the county court. The ad dam-num was set at twenty dollars. In the' county court, the plaintiff, who was set up and resided in Danville, in the county of Caledonia, declared in substance that he took out a writ of attachment against Abram Minor, of Albany, in the county of Orleans, declaring in an action of book account, concluding to the damage of the plaintiff ten dollars,…

1Opinion of the Court

The opinion of the court was delivered by

Mattocks, J.

— The first question presented is upon the motion to dismiss the action for want of jurisdiction in the county court; upon the ground that the action was not appealable from the justice.

There seems little doubt that the appeal was properly granted. The wording of the ten dollar act, as it is called, is different from the acts that give jurisdiction to justices. The latter is “ debt or matter in demand” — the former is “ where the sum demanded does not exceed ten dollars.” What can this be but the ad. damnum ? and so it is believed to have…

2Cases cited1 opinion

  1. Brown v. WallaceMassachusetts Supreme Judicial Court · 1810

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