Haven v. Needham
Supreme Court of Vermont
Trespass on the Case. The plaintiff alleged in his declaration, in substance, that he was-possessed of a messuage, describing it, along which a stream of water flowed and of right ought to flow, and that the defendants, by an embankment built upon their own land, had obstructed the stream, by means of which it overflowed the plaintiff’s land, whereby he had suffered injury. The action was commenced before a justice of the peace, and came to the county court by appeal.
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Trespass on the Case. The plaintiff alleged in his declaration, in substance, that he was-possessed of a messuage, describing it, along which a stream of water flowed and of right ought to flow, and that the defendants, by an embankment built upon their own land, had obstructed the stream, by means of which it overflowed the plaintiff’s land, whereby he had suffered injury. The action was commenced before a justice of the peace, and came to the county court by appeal. In the county court the defendants moved to dismiss the suit, averring that the title of land was concerned, and that so a…
1Opinion of the Court
The opinion of the court was delivered by
Hall, J.
The only question in the case is, whether the title of land came in question in the suit, within the meaning of the statute prohibiting a justice of the peace from taking jurisdiction of actions, where the title of land is concerned.
It is obvious, that the title of land may incidentally come in question in various forms of action, — as, for instance, in assault and battery, where the defendant justifies the assault in defence of his freehold. I apprehend that in such a case the jurisdiction of the justice would not be arrested, but that he…
2Cases cited1 opinion
- Whitney v. BowenSupreme Court of Vermont · 1839
3Cited by8 opinions
- Jakeway v. BarrettSupreme Court of Vermont · 1865
- Schroeder v. WittramCalifornia Supreme Court · 1885
- Oregon Short Line R. v. District Court of Third Judicial DistrictUtah Supreme Court · 1906
- Small v. HaskinsSupreme Court of Vermont · 1854
- Heath v. RobinsonSupreme Court of Vermont · 1903
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