Downing v. Roberts
Supreme Court of Vermont
This case came to the county court by appeal from the judgment of a justice of the peace, taken by the plaintiff, and was carried by the plaintiff, upon exceptions, to the supreme court, and the judgment of the county court was there reversed, and final judgment was rendered for the plaintiff in the county court, but for a sum less than all his costs; and the county court, June Term, 1849, — Rediteld, J., presiding, — decided, that the plaintiff was entitled to an amount of…
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This case came to the county court by appeal from the judgment of a justice of the peace, taken by the plaintiff, and was carried by the plaintiff, upon exceptions, to the supreme court, and the judgment of the county court was there reversed, and final judgment was rendered for the plaintiff in the county court, but for a sum less than all his costs; and the county court, June Term, 1849, — Rediteld, J., presiding, — decided, that the plaintiff was entitled to an amount of costs equal to his damages, and his costs in the supreme court in addition thereto. Exceptions by defendant. The…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
The only question raised in this case is in relation to the decision of the county court allowing to the plaintiff his taxable costs in the supreme court. The defendant insists, that the decision was erroneous, — that, under the circumstances of the case, the plaintiff’s costs should have been limited to the amount of his damages.
The statute provides, “ that in actions commenced before a justice, the plaintiff shall recover no more cost than debt, or damages, except costs that may accrue from continuances at the request of the defendant, or…
2Cases cited2 opinions
- Barlow v. BurrSupreme Court of Vermont · 1829
- Baker v. BlodgetSupreme Court of Vermont · 1828