Church v. Vanduzee
Supreme Court of Vermont
This was an action on hook account, brought before a justice of the peace, where the plaintiff recovered judgement, and the defendant appealed to the county court. The plaintiff filed his motion, at December term, 1828, to dismiss the appeal, because the action was not appealable. This motion was overruled by the court, and judgement was .rendered to account, and the cause submitted to an auditor, who, at April term, 1830, made his report in favor of the defendant.
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This was an action on hook account, brought before a justice of the peace, where the plaintiff recovered judgement, and the defendant appealed to the county court. The plaintiff filed his motion, at December term, 1828, to dismiss the appeal, because the action was not appealable. This motion was overruled by the court, and judgement was .rendered to account, and the cause submitted to an auditor, who, at April term, 1830, made his report in favor of the defendant. The plaintifl filed his objections to the report on the ground, that the county court had not jurisdiction- He also filed a…
1Opinion of the Court
Thompson, J.,
•pronounced the opinion of the Court. — The plaintiff’s counsel contend, that the county • court erred in not dismissing the action on one or the other of the plaintiff’s motions for that purpose ; and thus contend for the following proposition : “ That, whenever, from the nature of the action, the damages, to be_recovered, are necessarily uncertain, the sum demanded must determine the jurisdiction, and the right of appeal.” In support of this, they rely upon a decision, made in this county, but not reported, in the case of Reynolds and wife vs. Robinson, decided in January,…
2Cited by4 opinions
- Williams v. MasonSupreme Court of Vermont · 1873
- Cole v. GoodallSupreme Court of Vermont · 1867
- Chase v. BernierSupreme Court of Vermont · 1901
- Fisher v. TupperSupreme Court of Vermont · 1901