Southwick v. Reuben Merrill
Supreme Court of Vermont
This was an action of debt on ajudgement rendered by a justice of the peace, on the confession of the defendant, for $563,50, and there was endorsed on the record by the plaintiff’s attorney $533,86. The suit was brought originally to the county court after the endorsement had been made. No mention was made in the declaration of the endorsement, but the judgement was declared on as though no payment had been made thereon.
Read the full summary
This was an action of debt on ajudgement rendered by a justice of the peace, on the confession of the defendant, for $563,50, and there was endorsed on the record by the plaintiff’s attorney $533,86. The suit was brought originally to the county court after the endorsement had been made. No mention was made in the declaration of the endorsement, but the judgement was declared on as though no payment had been made thereon. On trial there was no dispute respecting the correctness of the endorsement, but the only question was, whether the court had original jurisdiction of the action. The…
1Opinion of the Court
After argument,
Prentiss, Ch. J.,
delivered the opinion of the Court. — It appears from the case agreed upon by the parties, that the plaintiffs declared in debt on a judgement for the sum of $663,50, but the record produced by them on the trial shewed an acknowledgement of satisfaction for the sum of $533,86, leaving due on the judgement the sum of $87,69, including interest. The court below dismissed the action, on the ground that the plaintifi’s demand was within the jurisdiction of a justice of the peace, and, consequently, not within the original jurisdiction of that court.
Every justice of…
2Cited by8 opinions
- Phelps v. WoodSupreme Court of Vermont · 1837
- Learned v. BellowsSupreme Court of Vermont · 1836
- Sanders v. PierceSupreme Court of Vermont · 1896
- Miller v. LivingstonSupreme Court of Vermont · 1865
- Williams v. MasonSupreme Court of Vermont · 1873
3 more not listed; retrieve them via the Exa API.