McFarland v. McLaughlin
Supreme Court of Vermont
If an action be brought before tbe County Court on several promissory notes each of which is within the jurisdiction of a Justice of the Peace — yet if the aggregate amount of all the notes exceed his jurisdiction, such action is not made cognizable before a Justice of the Peace, and therefore the County Court have jurisdiction of it.
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If an action be brought before tbe County Court on several promissory notes each of which is within the jurisdiction of a Justice of the Peace — yet if the aggregate amount of all the notes exceed his jurisdiction, such action is not made cognizable before a Justice of the Peace, and therefore the County Court have jurisdiction of it. THIS was an action of assumpsit, brought originally before the r, r, . . County Court, upon -two promissory notes, either of which, was within the jurisdiction of a Justice of the Peace; hut both of which exceeded in amount the sum of one hundred dollars. Plea —…
1Opinion of the Court
Aikens J.
delivered the opinion of the Court.
A joinder of distinct causes of action, which might be joined at common law, is no where forbidden by our statute. It is the matter in demand or cause of action, which determines the jurisdiction of a Justice of the Peace, over the action or suit itself. (St. 15 Nov. 1821, Sec. 1.) It is only from the action or suit originally made cognizable before a Justice of the Peace, that the jurisdiction of the County Court is taken away. (2 Stat. 101.)
From a recurrence to the matters in demand, which are legally joined in this suit, it appears that a Justice…
2Cases cited1 opinion
- Keyes v. WeedSupreme Court of Vermont · 1823
3Cited by2 opinions
- Town of Putney v. BellowsSupreme Court of Vermont · 1836
- Planters' & Mechanics' Bank of Columbus v. ChipleyMuscogee County Superior Court, Ga. · 1842