Hill v. Wait
Supreme Court of Vermont
This was a suit originally commenced before a justice of the peace, and was carried up to the County Court by an appeal entered by defendant. It was an action against an officer for neglecting to serve and return an execution in favor of the plaintiff— Plea not guilty.
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This was a suit originally commenced before a justice of the peace, and was carried up to the County Court by an appeal entered by defendant. It was an action against an officer for neglecting to serve and return an execution in favor of the plaintiff— Plea not guilty. The declaration set forth a judgment upon which the execution was issued of $5,30 damages and 25 cents costs, and concluded to the damage of the plaintiff $20,00. At the May Term of the County Court 1830, the plaintiff moved to dismiss the cause on the ground of want of jurisdiction. This motion was overruled. At the October…
1Opinion of the CourtPaddock, J.
Two questions are presented by these exceptions for the consideration of the Court. 1. Whether the County Court had appellate jurisdiction ; or in other words, whether the writ was so drawn as to give the justice of the peace exclusive jurisdiction. The declaration sets forth a judgment of $5,30 damage and 25 cents costs, and concludes “ to the damage of the plaintiff $20,00.” The question has long been agitated in the lower Courts whether the ad damnum or the cause of action declared on should be the criterion in determining the jurisdiction of a justice of the peace ; and the practice is…
2Cited by9 opinions
- Chambers v. HodgesTexas Supreme Court · 1859
- In Re Woodside-Florence Irr. Dist.Montana Supreme Court · 1948
- Watson v. PayneSupreme Court of Vermont · 1920
- Velardo v. OvittSupreme Court of Vermont · 2007
- Cox v. RossMississippi Supreme Court · 1879
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