Briggs v. Beach
Supreme Court of Vermont
Trustee Process. The action was originally commenced before a justice of the peace, and judgment was rendered in favor of the plaintiff for $35,84 damages and $4,63 costs, and the trustee was adjudged chargeable in the sum of $100, and his cost was taxed at $6,12. The trustee appealed, and, when the action was entered in the county court, moved to dismiss the same, for want’of jurisdiction in the justice, for the reason that he was adjudged trustee in the sum of $100, and…
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Trustee Process. The action was originally commenced before a justice of the peace, and judgment was rendered in favor of the plaintiff for $35,84 damages and $4,63 costs, and the trustee was adjudged chargeable in the sum of $100, and his cost was taxed at $6,12. The trustee appealed, and, when the action was entered in the county court, moved to dismiss the same, for want’of jurisdiction in the justice, for the reason that he was adjudged trustee in the sum of $100, and that it was adjudged that the plaintiff have execution against him for the sum of $40,47. The county court,— Bennett, J.…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The motion to dismiss the action for the want of appellate jurisdiction in the county court was properly overruled. The statute gives to a justice of the peace jurisdiction in a trustee suit, when the matter in demand does not exceed forty dollars. This must mean, the matter in demand against the principal debtor in the suit. The question, how far the trustee shall be adjudged chargeable, can in no proper sense be regarded as the matter in demand. In this case the matter in demand did not exceed forty dollars.
We think the county court were…
2Cases cited1 opinion
- Crane v. SticklesSupreme Court of Vermont · 1843
3Cited by5 opinions
- Stanley v. RobbinsSupreme Court of Vermont · 1863
- Woodward v. WymanSupreme Court of Vermont · 1881
- Dickinson v. DickinsonSupreme Court of Vermont · 1887
- Richards v. Merrimack & Connecticut River RailroadSupreme Court of New Hampshire · 1860
- Wells v. MooreMissouri Court of Appeals · 1897