Legal Opinion

Johnson v. Williams

Supreme Court of Vermont

Decided February 15, 1876PublishedCited by 7 opinions

Trover for a cask of cider vinegar, appealed by the defendant from the judgment of a justice of the peace. Plaintiff moved to dismiss, “ for that neither the declaration nor the ad damnum exceeded ten dollars,” wherefore the court had no appellate jurisdiction. Motion overruled, and plaintiff excepted.

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Trover for a cask of cider vinegar, appealed by the defendant from the judgment of a justice of the peace. Plaintiff moved to dismiss, “ for that neither the declaration nor the ad damnum exceeded ten dollars,” wherefore the court had no appellate jurisdiction. Motion overruled, and plaintiff excepted. Defendant then pleaded the general issue, and gave notice of justification as special deputy under regular process, and proceedings before a justice in Rutland, for search for, seizure and destruction of, said property under the statute. The notice did not insist upon said process and…

1Opinion of the Court

The opinion of the court was delivered by

Ross, J.

I. The motion to dismiss was properly overruled. There are cases that are appealable in which neither the plaintiff’s specification nor the ad damnum in his writ, are above ten dollars. The defendant’s plea before the justice may be, and frequently is, oral. The copies of appeal, ordinarily, set forth only so much of the pleadings as were reduced to writing. Hence, an appeal may be properly allowed, where the right to it arises out of the character of the defendant’s plea, in cases in which the appeal copies do not disclose that right. It does…

2Cited by7 opinions

  1. Tracy v. Grand Trunk Railway Co.Supreme Court of Vermont · 1904
  2. In Re Estate of EverettSupreme Court of Vermont · 1941
  3. Steward v. StateIndiana Supreme Court · 1913
  4. State v. McManusSupreme Court of Kansas · 1902
  5. State v. Intoxicating LiquorSupreme Court of Vermont · 1883

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