Catlin v. Aiken
Supreme Court of Vermont
Tliis was an action on book account, appealed from the judgement of a Justice of the Peace to the County Court, and there submitted to an auditor, whose report is here inserted, so far as relates to any question of law, now litigated. There was a motion in the County Court to dismiss the action, on the ground, that the Justice had no jurisdiction, which was overruled, until the report of the auditor should come in.
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Tliis was an action on book account, appealed from the judgement of a Justice of the Peace to the County Court, and there submitted to an auditor, whose report is here inserted, so far as relates to any question of law, now litigated. There was a motion in the County Court to dismiss the action, on the ground, that the Justice had no jurisdiction, which was overruled, until the report of the auditor should come in. After that came in, the same motion was renewed, and overruled, and judgement rendered according to the report, for .f 58,50 in favor of the plaintiff. To this decision, the…
1Opinion of the CourtHutchinson, C. J.
The principal question, to 'be decided in this case, is, whether the action ought to have ‘been dismissed for want of'jurisdiction. It was an action on book account, brought before a Justice of Peace; and carried to the County Court by appeal. The defendant •there filed a motion to dismiss for want of jurisdiction, be-cause the debtor side of the plaintiff’s account exceeded $100. Its amount was $165,54, and there was a credit of $66,50. It seems the plaintiff contended, that his account was made to exceed $100 by the mistake of a charge in his favor of $66,50, which should have been charged…
2Cases cited1 opinion
- Brush v. HurlburtSupreme Court of Vermont · 1830
3Cited by2 opinions
- George W. Scott & Co. v. SampsonSupreme Court of Vermont · 1837
- Paige v. MorganSupreme Court of Vermont · 1856