Stevens v. Howe
Supreme Court of Vermont
This was a suit originally commenced before a justice of the peace, and came into the county court by appeal. The declaration contained counts for work and labor, money paid, laid out and expended, and a quantum meruit, and also a special count on an agreement, by the plaintiff, to carry the mail from Stanstead to Guildhall, for $300, to be paid by the defendant. The ad damnum in the first was stated at one hundred dollars.
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This was a suit originally commenced before a justice of the peace, and came into the county court by appeal. The declaration contained counts for work and labor, money paid, laid out and expended, and a quantum meruit, and also a special count on an agreement, by the plaintiff, to carry the mail from Stanstead to Guildhall, for $300, to be paid by the defendant. The ad damnum in the first was stated at one hundred dollars. Upon the trial before the justice the plaintiff filed the following specification : Mr. Heman Howe to William Stevens, Dr. January 1, 1833. To carrying U. S. Mailfrom…
1Opinion of the Court
The opinion of the court was delivered by
Mattocks, J.
— This case was originally commenced before a justice of the peace, and a specification was there filed and judgment for plaintiff, from which an appeal was taken ; and, at the county court, the defendant filed amotion to dismiss the action, because, “ by the specification filed by the plaintiff in the justice court, the amount of the plaintiff’s claim in the justice court exceeded the jurisdiction of a justice of the peace.” The motion was probably predicated upon the specification rather than upon the declaration, because it was…
2Cases cited2 opinions
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- Bowditch v. SalisburyNew York Supreme Court · 1812
3Cited by4 opinions
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- Williams v. MasonSupreme Court of Vermont · 1873
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