Persons v. Centre Turnpike Co.
Supreme Court of Vermont
Assumpsit. The action was commenced before a justice of the peace and was brought to the county court by the defendant by appeal.
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Assumpsit. The action was commenced before a justice of the peace and was brought to the county court by the defendant by appeal. The declaration contained three counts, in each of which it was alleged, in different forms, that the defendants, on the first'day of April, 1846, in consideration of one dollar and fifty cents, agreed that the plaintiff might pass their toll gate in Ripton for one year, without carrying lumber, but that they had refused to do so; and each count concluded “to the damage of the plaintiff ten dollars.” It appeared from the record, that a verdict was returned in favor…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The only question in this case is, had the county court appellate jurisdiction 1 The statute takes away the right of appeal from the judgment of a justice, in actions in which neither the ad damnum, nor the sum demanded by the declaration, exceeds ten dollars.
In this case there is nothing to show, that by the declaration a sum is demanded beyond ten dollars; and consequently, this being upon the face of the declaration an open question, the fact whether the county court had appellate jurisdiction must depend upon the ad damnum. As each count…
2Cases cited2 opinions
- Wightman v. CarlisleSupreme Court of Vermont · 1842
- Richardson v. DenisonSupreme Court of Vermont · 1826
3Cited by1 opinion
- Scott v. DarlingSupreme Court of Vermont · 1894