Legal Opinion

French v. Holt

Supreme Court of Vermont

Decided February 15, 1879PublishedCited by 1 opinion

This was an action brought before a justice of the peace under s. 7, c. 24 of the Gen. Sts., for a penalty for removing a gate from across a pent road.

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This was an action brought before a justice of the peace under s. 7, c. 24 of the Gen. Sts., for a penalty for removing a gate from across a pent road. The declaration alleged that on August 4, 1878, there was and for a long time theretofore had been a pent road leading “ through and across lands leased and occupied by the plaintiff, ” across which the plaintiff had erected gates for the protection of his crops ; that on July 3, 1878, the defendant wilfully left open one of said gates, and thereby exposed “ the lands and crop's of .the plaintiff to damage ” by beasts grazing in an adjoining…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

This action is founded upon section 7, c. 24, Gen. Sts. The plaintiff seeks to recover a penalty of the defendant for tearing down gates and bars on a pent road. In order to recover the penalty, the plaintiff must prove that “ he is interested in the lands” exposed to injury by the removing of the bars and gates. The true limits of a justice’s jurisdiction “ where the title to land is concerned,” has been carefully defined by the courts of this State. In Jakeway v. Barrett, 38 Vt. 316, Poland, C. J., says: “ Whenever the declaration is of…

2Cases cited3 opinions

  1. Jakeway v. BarrettSupreme Court of Vermont · 1865
  2. Whitney v. BowenSupreme Court of Vermont · 1839
  3. Haven v. NeedhamSupreme Court of Vermont · 1848

3Cited by1 opinion

  1. French v. HoltSupreme Court of Vermont · 1884

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