Miller v. Livingston
Supreme Court of Vermont
General Assumpsit. Pleas, the general issue, payment and set-off. The defendant moved to dismiss the action on the ground that the county court had not jurisdiction. The court at the April Term, 1864, Aldis, J., presiding, pro forma, overruled the motion, — to which the defendant excepted.
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General Assumpsit. Pleas, the general issue, payment and set-off. The defendant moved to dismiss the action on the ground that the county court had not jurisdiction. The court at the April Term, 1864, Aldis, J., presiding, pro forma, overruled the motion, — to which the defendant excepted. The facts are set forth in the opinion of the court. cited Strong v. McConnell, 10 Vt. 231; Chellis v. Woods, 11 Vt. 466 ; Hair v. Bell, 6 Vt. 35 ; Stevens v. Howe, 6 Vt. 572; Thompson v. Colony, 6 Vt. 91; Bank of Rut-land v. Cramton, 28 Vt. 330. cited Cooley v. AiJeen, 15 Vt. 322; Stanley v. Barker et ah,…
1Opinion of the CourtBarrett, J.
By the contract which was the basis of the plaintiff’s cause of action, he was to have of the defendant $150. for erecting certain buildings, which he did erect according to the contract. Sixty dollars was to be, and was, paid during the progress of the work ; and forty dollars was to be paid in cabinet ware on request; and the same was so paid, soon after the plaintiff had completed his work for the defendant, and before this suit was brought. The remaining fifty dollars was to be paid wjithin sixty days after the completion of said work. This action was brought to recover that fifty…
2Cases cited5 opinions
- Southwick v. Reuben MerrillSupreme Court of Vermont · 1830
- Hall v. WadsworthSupreme Court of Vermont · 1856
- Stevens v. HoweSupreme Court of Vermont · 1834
- Brainard v. AustinSupreme Court of Vermont · 1845
- Stanley v. BarkerSupreme Court of Vermont · 1853
3Cited by4 opinions
- Scott v. MooreSupreme Court of Vermont · 1868
- Field v. Randall & DurantSupreme Court of Vermont · 1878
- Page v. WarnerSupreme Court of Vermont · 1899
- Scott v. McDonoughSupreme Court of Vermont · 1867