Wightman v. Carlisle
Supreme Court of Vermont
Assumpsit on the warranty of a horse. The plaintiff declared in two counts. The first count was in the usual form, and each count alleged that the plaintiff had been put to great charges and expenses in and about feeding, keeping, and taking care of said horse, ' to wit, the sum of onehun- ' dred dollars.’ The whole declaration.concluded 'to the ' damage of the plaintiff one hundred dollars.’ In the second count the plaintiff declared, ' that, whereas, ' &c., on &c., in…
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Assumpsit on the warranty of a horse. The plaintiff declared in two counts. The first count was in the usual form, and each count alleged that the plaintiff had been put to great charges and expenses in and about feeding, keeping, and taking care of said horse, ' to wit, the sum of onehun- ' dred dollars.’ The whole declaration.concluded 'to the ' damage of the plaintiff one hundred dollars.’ In the second count the plaintiff declared, ' that, whereas, ' &c., on &c., in consideration that the plaintiff, at the like ' special instance and request of the defendant, had then and ‘ there…
1Opinion of the Court
*298The opinion of the court was delivered by
Royce, J.
This is an action of assumpsit upon the warranty of a horse, and was originally commenced before a justice of the peace. The case is brought here on exceptions to two decisions of the county court; one upon a motion to dismiss the action for want of jurisdiction in the justice court, and the other upon a motion in arrest of judgment, after a verdict for the plaintiff.
The ground of the first motion was that the declaration showed a greater amount than one hundred dollars to be in contest and demand. The declaration contains two counts, upon…
2Cited by5 opinions
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- Luce v. MinardSupreme Court of Vermont · 1913
- Scott v. DarlingSupreme Court of Vermont · 1894
- Persons v. Centre Turnpike Co.Supreme Court of Vermont · 1848
- Chase v. BernierSupreme Court of Vermont · 1901