Legal Opinion

Chadwick v. Batchelder

Supreme Court of Vermont

Decided February 15, 1874PublishedCited by 3 opinions

Trespass, commenced before a justice of the peace, and appealed to the county court. The first count was for breaking and entering the plaintiff’s dwelling-house, and taking and carrying away a secretary therefrom, of the value of twenty dollars, whereby the plaintiff and his family were greatly disturbed in the possession of said dwelling-house. The second count was for taking and carrying away a secretary of the same value. The ad damnum was twenty-five dollars.

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Trespass, commenced before a justice of the peace, and appealed to the county court. The first count was for breaking and entering the plaintiff’s dwelling-house, and taking and carrying away a secretary therefrom, of the value of twenty dollars, whereby the plaintiff and his family were greatly disturbed in the possession of said dwelling-house. The second count was for taking and carrying away a secretary of the same value. The ad damnum was twenty-five dollars. As to the first count, the pleadings terminated in a demurrer, on which there was judgment for the defendant, and exceptions by…

1Opinion of the Court

*727The opinion of the court was delivered by

Pierpoiot, Ch. J.

The first question discussed by counsel arises upon the motion to dismiss for want of jurisdiction. If this motion prevails, there will be no occasion to consider the other questions. The declaration contains two counts; the first is for trespass on the freehold, the second for taking- personal property. The ad damnum is twenty-five dollars. The action was brought before a justice of the peace, and comes to this court by appeal.

Justices of the peace have jurisdiction in actions of trespass on the freehold, only when the sum in demand…

2Cases cited1 opinion

  1. Prindle v. CogswellSupreme Court of Vermont · 1837

3Cited by3 opinions

  1. Roy v. PhelpsSupreme Court of Vermont · 1910
  2. French v. HoltSupreme Court of Vermont · 1884
  3. Hayden v. Caledonia National BankSupreme Court of Vermont · 1941

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