Heath v. Robinson
Supreme Court of Vermont
Trespass quare ceausum, trespass de bonis, and trover, with ad damnum in each count $20.00, appealed from the judgment of a justice of the peace. At the March term, 1902, Orleans County, Munson, J., presiding, the defendant’s demurrer for misjoinder of counts was sustained. Thereupon, by leave of Court, the plaintiff filed a new declaration in trespass and trover with ad damnum in each count $100.00, which the defendant moved to dismiss.
Read the full summary
Trespass quare ceausum, trespass de bonis, and trover, with ad damnum in each count $20.00, appealed from the judgment of a justice of the peace. At the March term, 1902, Orleans County, Munson, J., presiding, the defendant’s demurrer for misjoinder of counts was sustained. Thereupon, by leave of Court, the plaintiff filed a new declaration in trespass and trover with ad damnum in each count $100.00, which the defendant moved to dismiss. Motion overruled and the defendant excepted. Of the original declaration, the only count that could have been sustained was the one of trespass quare…
1Opinion of the CourtStafford, J.
In Vermont, justices of the peace may hear and determine actions of trespass upon the freehold, although the title to land is involved, if the ad damnum does not exceed twenty dollars; but they have no jurisdiction of other forms of action, if the title to land is concerned, no matter how small the sum demanded may be. In trespass de bonis, trover, and most other actions, they have jurisdiction to the amount of two hundred dollars. V. S. 1040. Whether *135the title to land is concerned depends upon the declaration,— that is, whether to prove its allegations will require the plaintiff to prove…
2Cases cited5 opinions
- Jakeway v. BarrettSupreme Court of Vermont · 1865
- Hastings v. WebberSupreme Court of Vermont · 1829
- Whitney v. BowenSupreme Court of Vermont · 1839
- French v. HoltSupreme Court of Vermont · 1884
- Haven v. NeedhamSupreme Court of Vermont · 1848
3Cited by8 opinions
- Stacy v. MullinsSupreme Court of Virginia · 1946
- Schwartz v. MurphyCourt of Appeals for the D.C. Circuit · 1940
- Roy v. PhelpsSupreme Court of Vermont · 1910
- Gray v. WardCourt of Appeals for the D.C. Circuit · 1916
- Hayden v. Caledonia National BankSupreme Court of Vermont · 1941
3 more not listed; retrieve them via the Exa API.