Downs v. Reed
Supreme Court of Vermont
Petition, under sec. 8, chap. XXXVI, Comp. Stat. p. 281, to set aside the judgment of a justice of the peace against the complainants in favor of the defendant.
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Petition, under sec. 8, chap. XXXVI, Comp. Stat. p. 281, to set aside the judgment of a justice of the peace against the complainants in favor of the defendant. The petition set forth that the writ in the action before the justice demanded in damages ten dollars; that it was served by an officer by delivering to each of the complainants what he certified to be a true copy of the writ, but that in fact the ad damnum in the copies was stated at forty, instead of ten dollars; that on the return day of the writ, the complainant Downs was sick and could not attend; that Davis attended with counsel…
1Opinion of the Court
Barrett, J,
The petition in this case was brought to the county court under sec. 8, chap. 36, of the Compiled Statutes. It shows that the suit before the justice was not defaulted, so. there could have been no denial of a hearing on the assessment of damages. It further shows that the suit was not appealable, and so the party could not have been prevented from entering an appeal. It shows, therefore a case not within the provisions of *787the statute. . The authority of the county court in respect to such a petition is only such as is conferred hy the statute. It is not an inherent, incidental…
2Cited by1 opinion
- East Montpelier v. MontpelierSupreme Court of Vermont · 1892