Chittenden v. Hurlbut
Supreme Court of Vermont
THIS was an action of Book Account, originally commence6l before the County Court, and came to this Court by appeal. At the last term of this Court the defendant filed a motion to dismiss the action, for want of jurisdiction, for that the action was originally cognizable before a Justice of the Peace, and not before the County Court.
1Opinion of the Court
*385The opinion of the Court was delivered at the present term by
Skinner, Ch. J,
This action was originally commenced before the County Court. After oyer of the plaintiff’s book of .$227 03, consisting of several articles, one of which is the payment of an order or draft of $200, the defendant pleaded that he had fully accounted for all the charges, &c. An issue is formed, and verdict thereon, that the defendant account, on which judgment is rendered; and an appeal is taken to this Court by the defendant. He now moves the Court to dismiss the action, for that 1st, it appears upon oyer of the…
2Cited by3 opinions
- Miner's v. ShanasySupreme Court of Vermont · 1917
- Sanders v. PierceSupreme Court of Vermont · 1896
- Smead v. SutherlandSupreme Court of Vermont · 1955