Flannery v. Hinkson
Supreme Court of Vermont
This was an action upon covenants in a deed, commenced before a justice of the peace. The defendant moved the county court,‘that the action be dismissed, and for his costs, because said action was commenced before a justice óf the peace, and came to the county court on appeal, and was, at the time it was so commenced, and is now, without the jurisdiction of a justice of the peace to determine.
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This was an action upon covenants in a deed, commenced before a justice of the peace. The defendant moved the county court,‘that the action be dismissed, and for his costs, because said action was commenced before a justice óf the peace, and came to the county court on appeal, and was, at the time it was so commenced, and is now, without the jurisdiction of a justice of the peace to determine. The court, upon hearing said motion and argument, dismissed the action for want of jurisdiction in the justice of the peace, — to which the plaintiff excepted. The first count in the declaration was as…
1Opinion of the Court
*487The opinion of the court was delivered by
Peck, J.
The question is whether the county court erred in dismissing the suit on defendant’s motion for want of jurisdiction of the justice before whom the suit was commenced. The ground urged against the jurisdiction is that the title of land is concerned. If so the justice had no jurisdiction. This must be determined by the declaration. If on a traverse of. all the material facts alleged in the declaration, the title of land would be involved in the issue, the justice had no jurisdiction, and the action was properly dismissed ; otherwise the justice…
2Cited by3 opinions
- Loeb v. LoebSupreme Court of Oklahoma · 1909
- Dano v. SessionsSupreme Court of Vermont · 1891
- Carney v. O'ByrnSupreme Court of Vermont · 1974