Williams v. Mason
Supreme Court of Vermont
General assumpsit. The ad damnum in the plaintiff’s writ? and the sum demanded by the declaration, was ten dollars. The debit side of the plaintiff’s specification on trial, was for wood and butter, $38.82 ; and the defendant was therein credited, “ By his ac’t, $32.16 ” ; leaving a balance of $6.66 ; for which sum, with eighty cents interest thereon, the plaintiff obtained judgment, and the defendant appealed.
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General assumpsit. The ad damnum in the plaintiff’s writ? and the sum demanded by the declaration, was ten dollars. The debit side of the plaintiff’s specification on trial, was for wood and butter, $38.82 ; and the defendant was therein credited, “ By his ac’t, $32.16 ” ; leaving a balance of $6.66 ; for which sum, with eighty cents interest thereon, the plaintiff obtained judgment, and the defendant appealed. In the county court, the plaintiff moved to dismiss said appeal, for want of appellate jurisdiction in said court; and the court, Wheeler, J., presiding, pro forma, sustained the…
1Opinion of the Court
*374The opinion of the court was delivered by
Royce, J.
The only question in this case arises upon the motion to dismiss the appeal for the want of appellate jurisdiction in the county court. The debit side of the plaintiff’s specification amounted to $38.82, and in it he had given the defendant credit, “ By his acc’t, $32.16,” thus leaving a balance due the plaintiff, as he claimed, of $6.66, for which sum, with eighty cents interest, he obtained a judgment. The defendant appealed, and upon the copies of appeal being entered in the county court, the plaintiff moved to dismiss the appeal for the…
2Cases cited4 opinions
- Southwick v. Reuben MerrillSupreme Court of Vermont · 1830
- Church v. VanduzeeSupreme Court of Vermont · 1831
- Connecticut & Passumpsic Rivers Railroad v. BatesSupreme Court of Vermont · 1859
- Stevens v. HoweSupreme Court of Vermont · 1834
3Cited by4 opinions
- Town of Concord v. National BankSupreme Court of Vermont · 1878
- Perry v. Gay, Kimball & GaySupreme Court of Vermont · 1880
- Chase v. BernierSupreme Court of Vermont · 1901
- Fisher v. TupperSupreme Court of Vermont · 1901