Searsburgh Turnpike Co. v. Cutler
Supreme Court of Vermont
This suit was originally commenced before a single magistrate, and carried by appeal to the county court. It was an action of trespass on the case, for attempting by force to pass, and for breaking down and passing a turnpike gate belonging to said company. The defendant plead before the justice to the jurisdiction of the court, that said justice was related within the fourth degree of affinity to one of the corporators and stockholders.
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This suit was originally commenced before a single magistrate, and carried by appeal to the county court. It was an action of trespass on the case, for attempting by force to pass, and for breaking down and passing a turnpike gate belonging to said company. The defendant plead before the justice to the jurisdiction of the court, that said justice was related within the fourth degree of affinity to one of the corporators and stockholders. Upon demurrer this plea was overruled, and a respondeos ouster awarded. The plaintiff read in evidence the charter of the company, dated 28th October, 1828,…
1Opinion of the Court
The opinion of the court was delivered by
Phelps, J.
— The first question, in the order of this case, arises upon the plea in abatement. That plea sets up an objection to the jurisdiction of the justice’s court, and of course to the appellate jurisdiction of the county court, founded upon the supposed incompetency of the justice, before whom the action was originally brought, to judge between these parties. The plea alleges, that J. H., the justice, is related within the second degree of affinity to one H. K., who is a member of the Sears-burgh Turnpike Company, and the owner of a portion of…
2Cited by10 opinions
- Chesapeake & Ohio Ry. Co. v. Deepwater Ry. Co.West Virginia Supreme Court · 1905
- Favorite v. Superior Court of Riverside Co.California Supreme Court · 1919
- Duggan v. Colorado Mortgage & Investment Co.Supreme Court of Colorado · 1887
- Proprietors of Pasture v. Inhabitants of IpswichMassachusetts Supreme Judicial Court · 1891
- Gray v. Middletown & PoultneySupreme Court of Vermont · 1884
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