Ackerman v. French
Supreme Court of Vermont
Action of justice ejectment, so-called, brought in the Municipal Court for the Windsor Probate District under the Municipal Court Act, No. 91 of the Acts of 1915. The writ was issued and served as a capias. The declaration concluded “to the damage of the plaintiff, as he says, the sum of twenty dollars for the recovery of which, with just costs, and the possession of the premises in question, the plaintiff brings suit.”
Read the full summary
Action of justice ejectment, so-called, brought in the Municipal Court for the Windsor Probate District under the Municipal Court Act, No. 91 of the Acts of 1915. The writ was issued and served as a capias. The declaration concluded “to the damage of the plaintiff, as he says, the sum of twenty dollars for the recovery of which, with just costs, and the possession of the premises in question, the plaintiff brings suit.” The defendant appeared specially, by his attorney, and moved to dismiss for want of service, for that the writ was issued and served as a capias, and not as a writ of summons;…
1Opinion of the CourtHaselton, J.
This is an action of justice ejectment. See P. S. 1870 to 1876. The action was brought before the Municiipal Court of the Windsor Probate District, Blanchard-, Judge; and the plaintiff had judgment for the possession of the premises and for rents to the amount of $8.75, with costs.
The trial was by the court. The defendant brings a bill of exceptions.
In this Court the plaintiff moves a dismissal on the ground that neither the ad damnum in the writ nor the sum in the declaration nor the specifications nor the exhibits of the plaintiff exceed twenty dollars.
The plaintiff relies upon the…
2Cases cited5 opinions
- Horan v. ThomasSupreme Court of Vermont · 1888
- Barnes v. TenneySupreme Court of Vermont · 1880
- Sheeran v. RockwoodSupreme Court of Vermont · 1894
- Weston v. HaleySupreme Court of Vermont · 1855
- McNeice v. WeedSupreme Court of Vermont · 1878
3Cited by1 opinion
- Cutler Co. v. BarberSupreme Court of Vermont · 1919