McGray v. Wheeler
Supreme Court of Vermont
Trespass on the Case for an injury to the plaintiff’s mare, which caused her death. Plea, the general issue, and trial by jury, Redfield, J., presiding. On trial the plaintiff gave evidence, tending to prove that the injury to the mare, for which the defendant was liable, occasioned the death of the mare, but did not give evidence of any other damage being thereby occasioned.
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Trespass on the Case for an injury to the plaintiff’s mare, which caused her death. Plea, the general issue, and trial by jury, Redfield, J., presiding. On trial the plaintiff gave evidence, tending to prove that the injury to the mare, for which the defendant was liable, occasioned the death of the mare, but did not give evidence of any other damage being thereby occasioned. The plaintiff’s witnesses estimated the value of the mare at from sixty five dollars to eighty dollars, no one of his witnesses estimating her value at over eighty dollars. The defendant moved the court to dismiss the…
1Opinion of the Court
*503The opinion of the court was delivered by
Williams, Ch. J.
By the amount of damages claimed and by the value of the property, as stated in the declaration, this case was apparently within the jurisdiction of the county court. But when a party fraudulently endeavors to give jurisdiction to the county court, by claiming more than he can have any expectation of recovering, the court may, in their discretion, dismiss the cause for want of jurisdiction. The principle, on which the court proceed in such cases, was fully stated in the case of Cooley v. Aiken, 15 Vt. 322. The county court did not think…
2Cases cited2 opinions
- Cooley v. AikenSupreme Court of Vermont · 1843
- Town of Putney v. BellowsSupreme Court of Vermont · 1836
3Cited by2 opinions
- Clark v. CrosbySupreme Court of Vermont · 1864
- Joyal v. BarneySupreme Court of Vermont · 1848