Thayer v. Montgomery
Supreme Court of Vermont
This was an action of account, in which the plaintiff declared against the defendant, as “ tenant in common of Lot No. 8, in the first division in Braintree, or a part thereof, with the plaintiff from, &c., and during this time received more than his share of the wood, timber, rents and profits of the same,” &c.
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This was an action of account, in which the plaintiff declared against the defendant, as “ tenant in common of Lot No. 8, in the first division in Braintree, or a part thereof, with the plaintiff from, &c., and during this time received more than his share of the wood, timber, rents and profits of the same,” &c. The action was originally commenced before a justice of the peace, and the defendant moved to dismiss for want of jurisdiction, which motion was overruled; and the case appealed to the county court. The defendant, in the county court renewed his motion to dismiss, on the ground that…
1Opinion of the Court
The opinion of the court was delivered by
Redfield Ch. J.
This is an action of account between tenants in common of land, commenced before a justice of the peace, and brought into the county court by appeal, and then dismissed, for want of jurisdiction in the justice. The only question made is, whether the title of land is concerned in the action. It is true, that in form there is no general issue in this action. But the defendant may plead in bar, that he was never bailiff and receiver of the plaintiff, in the manner alleged in his declaration, and this puts the plaintiff upon the proof of his…
2Cases cited1 opinion
- Hastings v. WebberSupreme Court of Vermont · 1829
3Cited by6 opinions
- State v. BarnettSupreme Court of Vermont · 1939
- State v. HirschSupreme Court of Vermont · 1917
- Miner's v. ShanasySupreme Court of Vermont · 1917
- Sanders v. PierceSupreme Court of Vermont · 1896
- Lamson v. WorcesterSupreme Court of Vermont · 1886
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