Prindle v. Cogswell
Supreme Court of Vermont
• This action was commencedbefore a justice of the peace,, and,1 went, by appeal, to the county court. The plaintiff declared against the defendant, for breaking and entering plaintiffs close’ and barn, and taking away his horse, of the value of ninety-nine-dollars, and a rope halter, of the value of one dollar, and concluded to the damage of the- plaintiff, one hundred dollars.
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• This action was commencedbefore a justice of the peace,, and,1 went, by appeal, to the county court. The plaintiff declared against the defendant, for breaking and entering plaintiffs close’ and barn, and taking away his horse, of the value of ninety-nine-dollars, and a rope halter, of the value of one dollar, and concluded to the damage of the- plaintiff, one hundred dollars. In the county court, the defendant moved that the action be dismissed, for want of appellate jurisdiction, in that court, of the cause of action. This-motion was-overruled. The defendant, then, pleaded the general…
1Opinion of the Court
The opinion of the court was delivered by
Phelps, J.
This action is, on the face of the declaration, trespass on the freehold. It alleges that the defendant broke and entered the plaintiff’s close, &c.; and seeks to recover compensation for the injury. It is very clear that the plaintiff may recover for the injury to the freehold, and, if so, then the justice cannot try the whole cause, if he cannot take cognizance of that injury. And as the amount claimed exceeds the jurisdiction of the justice in such cases, it follows that he has no jurisdiction of the case. The matter here alleged, by way…
2Cited by1 opinion
- Chadwick v. BatchelderSupreme Court of Vermont · 1874