Legal Opinion

Johnson v. Cass & Emerson

Supreme Court of Vermont

Decided January 17, 1917PublishedCited by 7 opinions

Action of Contract. Plea, the general issue. Trial by jury, in the Caledonia County Municipal Court, G. G. Frye, J. At the close of plaintiff’s case, the court dismissed the action for want of jurisdiction, upon the ground that plaintiff was doing business under a name other than his own, and had not complied with the provisions of No. 117, Acts of 1908. The plaintiff excepted. The opinion states the case.

1Opinion of the CourtWatson, J.

This action was brought before the Caledonia County Municipal Court. The trial was by jury. At the close of the plaintiff’s evidence, the court, having found that the plaintiff was doing business in this State under a name other than his own, and it appearing that he had never filed returns and paid registration fee as required by No. 117, Acts of 1908, dismissed the action for want of jurisdiction of the process. The plaintiff excepted on several grounds assigned, among which was that the finding was not supported by the evidence.

By Sections 1 and 2 of the Act of 1908, a person doing…

2Cases cited5 opinions

  1. State v. ScampiniSupreme Court of Vermont · 1904
  2. Lander v. SheehanMontana Supreme Court · 1905
  3. Parkhurst v. BrookSupreme Court of Vermont · 1900
  4. Merrill v. Caro Investment Co.Washington Supreme Court · 1912
  5. Rosenheim v. RosenfieldNew York Supreme Court · 1891

3Cited by7 opinions

  1. Bacon v. GardnerWashington Supreme Court · 1951
  2. Schuppin v. Unification ChurchDistrict Court, D. Vermont · 1977
  3. Sanborn v. WeirSupreme Court of Vermont · 1921
  4. Vincent J. Castigliola, Jr. v. Mississippi Department of RevenueMississippi Supreme Court · 2015
  5. Kantor Son v. StoneMississippi Supreme Court · 1948

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