Sheldon v. Hopkins
New York Supreme Court
Demurrer to declaration. The declaration is in debt on a justice’s judgment rendered in Vermont. The judgment is averred to have been recovered on, &c. at Manchester, in the county of Bennington, and state of Vermont, before J. P., Esquire, one of the justices of the peace within and for the county of Bennington, then and still being such justice, and having full power and competent jurisdiction in said cause by the confession of the defendant, and that by the consideration…
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Demurrer to declaration. The declaration is in debt on a justice’s judgment rendered in Vermont. The judgment is averred to have been recovered on, &c. at Manchester, in the county of Bennington, and state of Vermont, before J. P., Esquire, one of the justices of the peace within and for the county of Bennington, then and still being such justice, and having full power and competent jurisdiction in said cause by the confession of the defendant, and that by the consideration and judgment of the said justice, the plaintiff recovered judgment against the defendant for $171 debt or damages and…
1Opinion of the Court
By the Court,
Nelson, J.
The declaration is no doubt defective in not setting forth facts sufficient to give jurisdiction to the justice. The statute giving jurisdiction to the justice ought to have been pleaded. It is well settled that the general averment of jurisdiction is not enough. 3 Wendell, 267. 6 id. 438. The defendant must have judgment; leave, however, is granted to the plaintiff to amend on payment of coxsts.
2Cases cited1 opinion
- Thomas v. RobinsonNew York Supreme Court · 1829
3Cited by10 opinions
- Hanley v. DonoghueSupreme Court of the United States · 1885
- Kelley v. KelleyMassachusetts Supreme Judicial Court · 1894
- Ellis v. WhiteSupreme Court of Alabama · 1854
- Carpenter v. PierSupreme Court of Vermont · 1858
- Cox v. JonesSupreme Court of Georgia · 1874
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