Cole v. Goodall
Supreme Court of Vermont
This was an audita querela brought to set aside a judgment of a justice of the peace for denying an appeal. Plea, the general issue, and trial by court, at the April Term, 1866, Wilson, J., presiding.
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This was an audita querela brought to set aside a judgment of a justice of the peace for denying an appeal. Plea, the general issue, and trial by court, at the April Term, 1866, Wilson, J., presiding. Upon the trial it appeared that on the 6th day of July, 1863, the defendant brought an action of trover against the plaintiffs for one block and tube, alleged in his declaration to be of the value of five dollars, one shaft alleged to be of the value of five dollars, six iron bands alleged to be of the value of three dollars, and one thousand pounds of old iron alleged to be of the value of…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
The statute provides that no appeal shall be allowed in actions “where neither the ad damnum in the plaintiffs’ writ, nor the sum demanded by the declaration, nor the specifications or exhibits of the plaintiff on trial, shall exceed ten dollars, (with some exceptions which do not affect the question in this case.) The action was not made appealable by the ad damnum, for that did not exceed ten dollars. If appealable, it must be so either because the declaration demanded more than ten dollars by alleging the value of the property to be more…
2Cases cited1 opinion
- Church v. VanduzeeSupreme Court of Vermont · 1831
3Cited by2 opinions
- Barber v. Boston & M. R. Co.U.S. Circuit Court for the District of Vermont · 1906
- Fisher v. TupperSupreme Court of Vermont · 1901