Stoughton v. Mott
Supreme Court of Vermont
Trespass, for taking and carrying away plaintiff’s sloop, called the General McComb, and a quantity of military stores, arms, &c.
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Trespass, for taking and carrying away plaintiff’s sloop, called the General McComb, and a quantity of military stores, arms, &c. The defendant pleaded the general issue, and, after a trial and verdict for the plaintiff, the defendant filed the following motion to dismiss the suit, viz; ‘ And now the defendant, in his own proper person, comes ‘before the court here, and insists that this court have no ju* ‘ risdiction of this cause, nor any legal power to hear, try, 1 and determine the same, and that original, exclusive juris-» ‘ diction of the same, and all legal power and right to hear, *…
1Opinion of the Court
*181The opinion of the court was delivered by
Royce, J.. The action is trespass for a sloop, seized by the defendant, as he alleges, under the act of Congress of March 10th, 1838, he being an officer of the United States,, authorized and required to execute the provisions of that statute. The ground of the motion is, that exclusive jurisdiction of the subject matter belongs to the courts of the United States. I shall pass over those objections to the motion, which are merely formal and technical, as also the. objection to the time of making it, on the ground,. that a motion to the court need not…
2Cited by8 opinions
- Stoughton v. MottSupreme Court of Vermont · 1853
- Burns v. HenrySupreme Court of Alabama · 1880
- French v. WhiteSupreme Court of Vermont · 1905
- Sanders v. PierceSupreme Court of Vermont · 1896
- State ex rel. Lamouraine v. Judge of Division "B," Civil District CourtSupreme Court of Louisiana · 1893
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