Warren v. Town of Newfane
Supreme Court of Vermont
Book Account. The suit was commenced before a justice of the peace, and came to the County Court by appeal. The plaintiff moved to dismiss the appeal, on the ground that the case was not appealable. It appeared from the records of the justice, that defendants craved oyer of plaintiff’s account.
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Book Account. The suit was commenced before a justice of the peace, and came to the County Court by appeal. The plaintiff moved to dismiss the appeal, on the ground that the case was not appealable. It appeared from the records of the justice, that defendants craved oyer of plaintiff’s account. The plaintiff exhibited an account for medicine and visits to a Mr.- Bailey, (pauper,) amounting to $7,27, and an item for interest of $2,61, amounting in all to the sum of $9,88. And it further appeared from the records of the justice, that upon cross-examination, at the call of the defendants, the…
1Opinion of the Court
By the Court.
The only question in this case is, whether the judgment of the justice was final. The words of the statute are, “ No appeal shall be allowed, where neither the ad damnum,, nor the sum demanded by the declaration, nor the specification or exhibits of the plaintiff on trial, shall exceed ten dollars.”
It is admitted, nothing in the plaintiff’s writ made this case appealable, and nothing exhibited by the plaintiff on trial, unless his book, which was called out by the defendants on cross-examination, is to be regarded in that light. And we think the book can hardly be regarded as the…
2Cases cited2 opinions
- McLaughlin v. HillSupreme Court of Vermont · 1834
- Herren v. CampbellSupreme Court of Vermont · 1846
3Cited by4 opinions
- Stevens v. DamonSupreme Court of Vermont · 1857
- Perry v. Gay, Kimball & GaySupreme Court of Vermont · 1880
- Chase v. BernierSupreme Court of Vermont · 1901
- Fisher v. TupperSupreme Court of Vermont · 1901