Carpenter v. Gookin
Supreme Court of Vermont
This action was brought originally before a justice of the peace, and appealed to the county court. The Writ before the justice contained a declaration, alleging that in consideration that the plaintiff would let to the defendant a horse to ride ten miles, the defendant promised not to ride him over ten miles, to ride him moderately, and to pay one dollar for the use of him ;• and avering, as a breach, that the defendant rode the horse over ten miles,, rode him immoderately…
Read the full summary
This action was brought originally before a justice of the peace, and appealed to the county court. The Writ before the justice contained a declaration, alleging that in consideration that the plaintiff would let to the defendant a horse to ride ten miles, the defendant promised not to ride him over ten miles, to ride him moderately, and to pay one dollar for the use of him ;• and avering, as a breach, that the defendant rode the horse over ten miles,, rode him immoderately and injured him, and had not paid the one dollar. The defendant pleaded infancy, and several other pleas not necessary…
1Opinion of the CourtPrentiss, J.
delivered the opinion of the court. — As a description of the matter of demand or cause of action, so far as to specify the general nature of the action, is all that is usual or necessary in a suit before a justice of the peace, the plaintiff is at liberty, when the cause comes by appeal to the county court, to file a declaration in proper form, upon the particular cause of ac~ *498'£¡on described or specified in the writ. If, however, he falls to file a new declaration within the time prescribed by the rule of court, he is confined to the declaration which comes up from thejustice. In the…
2Cases cited2 opinions
- Phillips v. BridgeMassachusetts Supreme Judicial Court · 1814
- Haynes v. MorganMassachusetts Supreme Judicial Court · 1807
3Cited by15 opinions
- Lippett v. KelleySupreme Court of Vermont · 1874
- Bowman v. StowellSupreme Court of Vermont · 1849
- Smith v. Badlam and AndersonSupreme Court of Vermont · 1940
- S. Brodek & Co. v. HirschfieldSupreme Court of Vermont · 1885
- D. Dewey & Co. v. NicholasSupreme Court of Vermont · 1871
10 more not listed; retrieve them via the Exa API.