Legal Opinion

Perry v. Gay, Kimball & Gay

Supreme Court of Vermont

Decided February 15, 1880PublishedCited by 1 opinion

General Assumpsit appealed from the judgment of a justice of the peace. The declaration alleged an indebtedness, &c., for $20, and the ad damnum was fixed at that sum.

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General Assumpsit appealed from the judgment of a justice of the peace. The declaration alleged an indebtedness, &c., for $20, and the ad damnum was fixed at that sum. From the copy of the justice’s record it appeared that the plaintiff presented before the justice a specification of claim “ To balance due for work for months of June, July and August,” in the sum of $19.69; that the defendants pleaded the general issue ; that on cross-examination the plaintiff produced what she testified to be her original account, whereby it appeared that she had charged the defendants for mottling buttons…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

This action is assumpsit in the general counts. The defendant appealed from the justice’s judgment; and the plaintiff moved to dismiss the appeal, on the ground that the justice had exclusive jurisdiction. Neither the claim in the declaration nor the ad damnum exceeded $20. On trial before the magistrate the plaintiff presented, as she called it, a specification, viz: “ To balance due for work for months of June, July and August,” $19.69. On trial she offered herself as a witness ; and on cross-examination produced what she called her…

2Cases cited3 opinions

  1. Town of Concord v. National BankSupreme Court of Vermont · 1878
  2. Warren v. Town of NewfaneSupreme Court of Vermont · 1853
  3. Williams v. MasonSupreme Court of Vermont · 1873

3Cited by1 opinion

  1. Fisher v. TupperSupreme Court of Vermont · 1901

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