Andrews v. Baker
Supreme Court of Vermont
Rbi’LeviN for a cooking stove, stove pipe, etc., brought before a juscice of the peace, and appealed by the plaintiff. Heard on the defendant’s motion to dismiss, September Term, 1886, Powers, J., presiding. The motion to dismiss was put upon the ground that neither the ad damnum in the writ, nor the sum demanded by the declaration, nor the amount of the property in demand, exceeded the sum of $20, and that the action was not an action of trespass on the freehold.
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Rbi’LeviN for a cooking stove, stove pipe, etc., brought before a juscice of the peace, and appealed by the plaintiff. Heard on the defendant’s motion to dismiss, September Term, 1886, Powers, J., presiding. The motion to dismiss was put upon the ground that neither the ad damnum in the writ, nor the sum demanded by the declaration, nor the amount of the property in demand, exceeded the sum of $20, and that the action was not an action of trespass on the freehold. The writ was dated August 2. 1886. cited' Fide v. Wallace, 51 Vt. 418 ; R. L., ss. 821, 1246 ; Acts of 1884, No. 1.22 ; Gen. Stat.…
1Opinion of the Court
The opinion of the court was delivered by
Taft, J.
The question presented by the exceptions was decided in Fisk v. Wallace, 51 Vt. 418.
Judgment reversed ; cause remanded.
2Cases cited1 opinion
- Fisk v. WallaceSupreme Court of Vermont · 1879