Joyal v. Barney
Supreme Court of Vermont
Trespass for taking two hprses, one single harness, one double whiffletree and two single whiffletrees. The suit was brought to the county court, the property being alleged, in the declaration, to be of the value of $150, and the ad damnum being placed at the same sum. Plea, the general issue, and trial by jury, September Term, 1846, — Royce, J., presiding.
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Trespass for taking two hprses, one single harness, one double whiffletree and two single whiffletrees. The suit was brought to the county court, the property being alleged, in the declaration, to be of the value of $150, and the ad damnum being placed at the same sum. Plea, the general issue, and trial by jury, September Term, 1846, — Royce, J., presiding. The jury returned a verdict for the plaintiff for $36,66 ; and after verdict the defendant renewed a motion, which he had before made, to have the suit dismissed for want of jurisdiction. From the course of the trial and the points made…
1Opinion of the Court
The opinion of the court was delivered by
Davis, J.
Should the decision of the county court, in dismissing this action for want of jurisdiction, be affirmed, it cannot be doubted, that it would be taking a long step in advance of any decision heretofore made by this court. Apparently the case was within the *158jurisdiction of the county court, the plaintiff’s damages being stated at $150. It is true, however, that this is not conclusive.
If, upon the declaration itself, or the proof adduced in support of it, the court should be clearly satisfied, that the plaintiff could have had no reasonable…
2Cases cited3 opinions
- Kittridge v. RollinsSupreme Court of Vermont · 1840
- Spafford v. RichardsonSupreme Court of Vermont · 1841
- McGray v. WheelerSupreme Court of Vermont · 1846
3Cited by6 opinions
- Auclair v. VERMONT ELECTRIC POWER COMPANY, INC.Supreme Court of Vermont · 1974
- Drown v. ForrestSupreme Court of Vermont · 1891
- Sanborn & Catlin v. ChittendenSupreme Court of Vermont · 1855
- Worcester & Woodruff v. LampsonSupreme Court of Vermont · 1883
- Coleman v. AldrichSupreme Court of Vermont · 1889
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