Hall v. Wadsworth
Supreme Court of Vermont
Assumpsit for the,use and occupation by tlie defendant of a dwelling-house of the plaintiff’s. The action was referred, ánd the referee reported, after setting forth a specification of the plaintiff’s Claims, and of the payments made to him, as follows: “November 27th, 1849, the defendant went into occupation, of the plaintiff’s dwelling-house, situated in Brattlehoro village, under an agreement to pay an annual rent therefor of $150, and continued such occupation till…
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Assumpsit for the,use and occupation by tlie defendant of a dwelling-house of the plaintiff’s. The action was referred, ánd the referee reported, after setting forth a specification of the plaintiff’s Claims, and of the payments made to him, as follows: “November 27th, 1849, the defendant went into occupation, of the plaintiff’s dwelling-house, situated in Brattlehoro village, under an agreement to pay an annual rent therefor of $150, and continued such occupation till November 10th, 1852; a week or two before quitting, he sent word to the plaintiff that he was about doing so, who then…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The county court should not have dismissed this cause for want of original jurisdiction. There is nothing in the case to show any bad faith in bringing this suit originally to the county court. That court has apparent jurisdiction on the face of the process, and though the referee finds that the largest sum which the plaintiff could have expected to have recovered for principal, was less than one hundred dollars, yet when the claims were adjusted, the amount of principal and interest exceeded one hundred dollars. The plaintiff might well…
2Cases cited1 opinion
- Barlow v. WainwrightSupreme Court of Vermont · 1849
3Cited by5 opinions
- Williams v. Apothecaries Hall Co.Supreme Court of Connecticut · 1908
- Amsden v. AtwoodSupreme Court of Vermont · 1894
- Miller v. LivingstonSupreme Court of Vermont · 1865
- Pittsburg, Ft. Wayne & Chicago Railroad v. RenoAppellate Court of Illinois · 1887
- O'Brien v. ClementNew York Supreme Court · 1916