New York Moline Plow Co. v. Maeck
Supreme Court of Vermont
Petition for leave to enter an appeal from the judgment of a justice of the peace, under P. S. 2023, brought tó the city-court for the City of Burlington. Petitionee moved to dismiss the petition upon the ground that the court had no jurisdiction or authority to consider or hear the petition or to enter judgment therein. A hearing on the motion before the city court, G. S. Palmer, Judge. Judgment, granting the motion, pro forma, and dismissing the petition.
Read the full summary
Petition for leave to enter an appeal from the judgment of a justice of the peace, under P. S. 2023, brought tó the city-court for the City of Burlington. Petitionee moved to dismiss the petition upon the ground that the court had no jurisdiction or authority to consider or hear the petition or to enter judgment therein. A hearing on the motion before the city court, G. S. Palmer, Judge. Judgment, granting the motion, pro forma, and dismissing the petition. Petitioner excepted.
1Opinion of the CourtWatson, C. J.
The plaintiff, on December 26, 1916, filed its petition in Burlington city court, praying for leave to enter an appeal from the judgment of a justice of the peace, relying upon section 2023 of the Public Statutes for thus bringing its petition. The city court dismissed the petition on the ground that it had no jurisdiction of the subject-matter, to which the plaintiff excepted.
The section of the statutes mentioned is what is known as “the fraud, accident and mistake statute,” and the power there given is exclusively to the county courts. The plaintiff, however, contends that under Act of…
2Cases cited2 opinions
- Mosseaux v. BrighamSupreme Court of Vermont · 1847
- Tyler v. StateSupreme Court of Vermont · 1891