George W. Scott & Co. v. Sampson
Supreme Court of Vermont
This was an action of book account, sued before a j ustice of the peace, and brought into the county court by appeal, where judgment to account was rendered by consent of parties, and the case was referred to an auditor, who reported a balance due the plaintiff, and also stated certain facts, as the foundation of the report, upon which the defendants moved to dismiss the action, for want of original jurisdiction in the court where the suit was brought.
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This was an action of book account, sued before a j ustice of the peace, and brought into the county court by appeal, where judgment to account was rendered by consent of parties, and the case was referred to an auditor, who reported a balance due the plaintiff, and also stated certain facts, as the foundation of the report, upon which the defendants moved to dismiss the action, for want of original jurisdiction in the court where the suit was brought. That motion was overruled by the court below and judgment rendered on the report, to which decision the defendants excepted, and exceptions…
1Opinion of the Court
The opinion of the .court was delivered by
Redfield, J.
The .question of jurisdiction, submitted to the court for determination, is made by statute to depend wholly upon the amount of the “ debit side of the plaintiffs’ book;” How far the court might feel themselves justified in adopting a literal construction of this statute, if the matter were res integra, is not now to be inquired. It'has been adjudged that the court, before whom the suit is brought, may so far look into the character of the charges, constituting the plaintiff’s account, as to permit him to withdraw mere erroneous entries,…
2Cases cited3 opinions
- Stone v. WinslowSupreme Court of Vermont · 1835
- Brush v. HurlburtSupreme Court of Vermont · 1830
- Catlin v. AikenSupreme Court of Vermont · 1832
3Cited by3 opinions
- Hodges v. FoxSupreme Court of Vermont · 1863
- Paige v. MorganSupreme Court of Vermont · 1856
- Sheldon v. FlynnSupreme Court of Vermont · 1845