Hitchcock v. Sawyer
Supreme Court of Vermont
This was an action on book account, originally commenced before a justice of the peace, and came to this court by appeal by the defendant. The writ bears date September 19th, 1864 ; the ad damnum and sum demanded in the declaration are each one hundred dollars. The record did not show that a United States revenue stamp was affixed to the original writ issued by the justice.
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This was an action on book account, originally commenced before a justice of the peace, and came to this court by appeal by the defendant. The writ bears date September 19th, 1864 ; the ad damnum and sum demanded in the declaration are each one hundred dollars. The record did not show that a United States revenue stamp was affixed to the original writ issued by the justice. The defendant filed in the county court his motion to dismiss said suit for the reason that the writ was issued without having thereto affixed a United States internal revenue stamp of the denomination of fifty cents. The…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
This 'case was argued at the February Term, 1865, and held for consideration principally to await the argument of some other cases pending and involving similar questions. The county court having sustained the motion and dismissed the writ, it must be assumed that that court found the facts alleged in the motion to dismiss to be true as alleged. The writ bears date September 19th, 1864, and it appears that the same, or a like motion was *414filed before the justice to whom the writ was returnable. Th© question arises whether the fact set forth in…
2Cited by9 opinions
- Hallock v. JaudinCalifornia Supreme Court · 1867
- Green v. HolwayMassachusetts Supreme Judicial Court · 1869
- Whitehill v. ShickleSupreme Court of Missouri · 1869
- Rheinstrom v. ConeWisconsin Supreme Court · 1870
- Morris v. McMorrisMississippi Supreme Court · 1870
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