Glover v. Chase
Supreme Court of Vermont
^Replevin. Jurisdiction of justice. Audita querela. Audita Querela. The complaint alleged that the defendant prayed out a writ of replevin against the complainant, signed by a justice of the peace, before whom it was made returnable, Commanding the officer to replevin two heaps of manure on the premises of the complainant, which, the defendant alleged, were unjustly detained from him by the complainant, the value of which, as ascertained by the officer, was one dollar and…
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^Replevin. Jurisdiction of justice. Audita querela. Audita Querela. The complaint alleged that the defendant prayed out a writ of replevin against the complainant, signed by a justice of the peace, before whom it was made returnable, Commanding the officer to replevin two heaps of manure on the premises of the complainant, which, the defendant alleged, were unjustly detained from him by the complainant, the value of which, as ascertained by the officer, was one dollar and sixty-two cents; that on the return day of the writ the complainant appeared and objected to the jurisdiction of the…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The judgment sought to be set aside, was rendered in an action of replevin, where the value of the property was under seven dollars. The question in the case depends upon the jurisdiction of the justice. It has long been the settled law of this *534state, that an action of replevin, to try the right of property, can not be maintained as an adversary suit at the common law. There are several cases to that effect as far back as Brayton’s Reports.
The legislature, having made provision for the action, and declared in what cases it may be brought, it…
2Cited by5 opinions
- James R. Hill & Co. v. WarrenSupreme Court of Vermont · 1881
- Miller v. PotterSupreme Court of Vermont · 1881
- Eddy v. DavisSupreme Court of Vermont · 1862
- Harmon v. MartinSupreme Court of Vermont · 1880
- Tripp v. LelandSupreme Court of Vermont · 1866