Sheldon v. Flynn
Supreme Court of Vermont
Book Account. The action was • brought originally before a justice of the peace, and came to the county court by appeal; in that court judgment to account was rendered, and an auditor was appointed.
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Book Account. The action was • brought originally before a justice of the peace, and came to the county court by appeal; in that court judgment to account was rendered, and an auditor was appointed. The auditor reported that the plaintiff’s account, as presented before him, amounted to $81,44, of which he allowed $74,35 ; and that the defendant’s account, as allowed, amounted to $125,35, —of which more than $100 was for labor performed by the defendant for the plaintiff; that it appeared that the plaintiff owned a note, signed by the defendant and one Mumford, given to one Abram Mead, and…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
The plaintiff’s account, as allowed and adjusted by the auditor, was within the jurisdiction of a justice of the peace. His account, as presented to the auditor, amounted to no more than $81,44. The two claims for rent and for the note in favor of Mead were not legitimate and proper subjects of a charge on book; and if they had been so charged, they could not have altered the jurisdiction, nor have justified the plaintiff in bringing the action before the county court, if he had been disposed so to do. The case of Scott et al. v.…
2Cases cited2 opinions
- Phelps v. WoodSupreme Court of Vermont · 1837
- George W. Scott & Co. v. SampsonSupreme Court of Vermont · 1837