Hall v. Armstrong
Supreme Court of Vermont
Book account appealed from a judgment of a justice of the peace. The plaintiff moved for a judgment to account, to which the defendant objected for that he was entitled to a jury trial upon the merits. Heard at the December term, 1892, Start, J., presiding. The court pro forma sustained the defendant’s objection. The plaintiff excepts. The opinion states the case. The case stood for trial de- novo in the county court.
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Book account appealed from a judgment of a justice of the peace. The plaintiff moved for a judgment to account, to which the defendant objected for that he was entitled to a jury trial upon the merits. Heard at the December term, 1892, Start, J., presiding. The court pro forma sustained the defendant’s objection. The plaintiff excepts. The opinion states the case. The case stood for trial de- novo in the county court. Bundy v. Bruce et al., 61 Vt. 6x9 ; Fletcher v. Blair et al., 20 Vt. 124; Chadwick & Co. v. Divol, 12 Vt. 499; Proctor v. Willey, S3 Vt. 406; Martin v. Fairbanks, 7 Vt. 97. The…
1Opinion of the Court
*423The opinion of the court was delivered by
THOMPSON, J.
This is an action of book account commenced before a justice court, and which came to the county court by appeal. In the county court the plaintiff moved that judgment be rendered for the defendant to account. No pleadings were filed by the defendant, but he objected to the granting of the motion on the ground that, as a matter of law, he was entitled to a jury trial on the merits of the case. The defendant’s objection was sustained and the motion denied, j)ro forma, to which the plaintiff excepted, and the case was passed to this court…
2Cases cited17 opinions
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- Pearson v. YewdallSupreme Court of the United States · 1877
- Plimpton v. Town of SomersetSupreme Court of Vermont · 1860
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