Allen v. Lyman
Supreme Court of Vermont
Jurisdiction. Sufficiency of declaration for recovery of interest. Application of payments on judgments to extinguish interest. Variance. Debt.
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Jurisdiction. Sufficiency of declaration for recovery of interest. Application of payments on judgments to extinguish interest. Variance. Debt. By the writ and declaration the defendants were summoned “ to answer unto Joseph D. Allen, of said Burlington, in a “ plea that defendants render to plaintiff the sum of one hundred “ and fifty dollars which the defendants owe to and unjustly detain “ from the plaintiff, for that whereas the plaintiffs, heretofore, to “ wit, at the term of the Chittenden county court, begun and held “ on the 3d Tuesday of September, A. D. 1851, by the consideration “…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
I. In regard to the question of jurisdiction, we do not see how, by any fair construction of the declaration, it can be said to appear, that the sum claimed to be due is less than $100. The judgment is alleged to have been rendered for $3188.94, September term, 1851, and that there were payments of $2500, December 15th, 1851, and $635.92, February 23d; 1852, with the distinct allegation, that defendants owe plaintiff $150 and unjustly detain the same from him, and that an action hath accrued to plaintiflj to recover the balance due on…
2Cases cited2 opinions
- Saxton v. JohnsonNew York Supreme Court · 1813
- Rossiter v. MarshSupreme Court of Connecticut · 1822
3Cited by3 opinions
- Fremont County v. Fremont County BankSupreme Court of Iowa · 1909
- Gibson v. WheldonSupreme Court of Vermont · 1909
- Spear's Admr. v. ArmstrongSupreme Court of Vermont · 1912