Whitney v. Bowen
Supreme Court of Vermont
This was an action of debt on a judgment rendered by a justice of the peace, and the question, in this court, was upon the validity of that judgment. The plaintiff had commenced his action against the defendants before the justice, declaring in case for a nuisance in erecting a board fence so near the dwelling house of the plaintiff that his lights were obstructed and he injured in the use and enjoyment thereof.
Read the full summary
This was an action of debt on a judgment rendered by a justice of the peace, and the question, in this court, was upon the validity of that judgment. The plaintiff had commenced his action against the defendants before the justice, declaring in case for a nuisance in erecting a board fence so near the dwelling house of the plaintiff that his lights were obstructed and he injured in the use and enjoyment thereof. From the justice’s records it appeared that, in that suit, the defendants pleaded to the jurisdiction of the court, alleging that the action related to an interest in lands, and that…
1Opinion of the Court
The opinion of the court was delivered by
Bennitt, J.
The only question in this case is whether the justice ha 1 jurisdiction of the original action. If he had not, the whole proceedings were coram non judice, and void; and no action can be maintained on his judgment. By the statute regulating the jurisdiction of justices of the peace, (Comp. stat. 139,) they have no jurisdiction in actions where the title of land is concerned. There can be no doubt that many cases may arise, other than real or mixed actions, as they are termed, in which the title to land may be concerned. An action of covenant…
2Cases cited1 opinion
- Cook v. AllenMassachusetts Supreme Judicial Court · 1807
3Cited by9 opinions
- Jakeway v. BarrettSupreme Court of Vermont · 1865
- Lapham v. BriggsSupreme Court of Vermont · 1854
- Small v. HaskinsSupreme Court of Vermont · 1854
- Haven v. NeedhamSupreme Court of Vermont · 1848
- Heath v. RobinsonSupreme Court of Vermont · 1903
4 more not listed; retrieve them via the Exa API.