Legal Opinion

Weston v. Haley

Supreme Court of Vermont

Decided February 15, 1855PublishedCited by 3 opinions

Ad damnum, in the justice ejectment writ. This was a proceeding under the twenty-fourth section of the •44th chapter of the compiled statutes, commonly termed the justice ejectment act, commenced before a justice of the peace.

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Ad damnum, in the justice ejectment writ. This was a proceeding under the twenty-fourth section of the •44th chapter of the compiled statutes, commonly termed the justice ejectment act, commenced before a justice of the peace. By the writ and declaration the defendant was summoned “to'answer “ to the plaintiff who complaint makes that the said John Haley is “ in possession of a certain messuage” (describing it,) “ and that “ the said John Haley holds the said premises unlawfully and against “ the right of the said plaintiff, as he the said plaintiff avers, all of “ which is to his damage, as…

1Opinion of the Court

The opinion of the court was delivered by

Isham, J.

The judgment of the county court in this case must be affirmed. The statute in relation to “ forcible entry and detainer/’ was intended to institute a proceeding of a summary character, for the restitution of the possession of real estate when taken or withheld under the particular circumstances mentioned in the act. The jurisdiction of a justice of the peace in that proceding is in no way affected by the provisions of the general act in relation to the jurisdiction of justices of the peace. Under the act of 1797, the restitution of the…

2Cited by3 opinions

  1. Herkimer v. KeelerSupreme Court of Iowa · 1899
  2. Cashman v. VickersMontana Supreme Court · 1924
  3. Ackerman v. FrenchSupreme Court of Vermont · 1916

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