Legal Opinion

Hastings v. Webber

Supreme Court of Vermont

Decided January 15, 1829PublishedCited by 10 opinions

This was a -writ of audita querela, stating that, “ on the first day of October, 1827, William R. Webber, by his natural guardian, Aaron Webber, prayed out a writ of attachment in his fa-vour against the said Hollis Hastings, dated the day and year last aforesaid, signed by Urial Smith, justice peace within and for said county of Franklin, demanding eighty dollars damages, returnable before said justice Smith, on the third Tuesday of October, 1827, in and by which the said…

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This was a -writ of audita querela, stating that, “ on the first day of October, 1827, William R. Webber, by his natural guardian, Aaron Webber, prayed out a writ of attachment in his fa-vour against the said Hollis Hastings, dated the day and year last aforesaid, signed by Urial Smith, justice peace within and for said county of Franklin, demanding eighty dollars damages, returnable before said justice Smith, on the third Tuesday of October, 1827, in and by which the said Hollis, was attached to answer unto the said William R. Webber, in an action of covenant broken, which said declaration…

1Opinion of the CourtPkentiss, J.

delivered the opinion of the Court. — A justice of the peace is authorized and empowered to hear, try, and determine, all pleas and actions of a civil nature, other than actions for *410.glanderous words, false imprisonment, replevin above the sum of * 1 seven dollars, trespass upon the freehold, and where the title of land ’3 concerned, where the debt or other matter in demand, does excee^ the sum °f one hundred dollars. — Comp. Stat. p. 139, s. l.-r-An action of covenant broken on á deed of conveyance, in which a breach is assigned, that the defendant was not seized, or had no right to convey…

2Cases cited1 opinion

  1. Cook v. AllenMassachusetts Supreme Judicial Court · 1807

3Cited by10 opinions

  1. Jakeway v. BarrettSupreme Court of Vermont · 1865
  2. Schwartz v. MurphyCourt of Appeals for the D.C. Circuit · 1940
  3. Small v. HaskinsSupreme Court of Vermont · 1854
  4. Heath v. RobinsonSupreme Court of Vermont · 1903
  5. Gray v. WardCourt of Appeals for the D.C. Circuit · 1916

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