Stone v. Winslow
Supreme Court of Vermont
This was an action on boot, originally commenced before a justice of the peace, and which came by appeal to the county court.
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This was an action on boot, originally commenced before a justice of the peace, and which came by appeal to the county court. At.the county court a judgment to account was rendered against the defendant, and an auditor was appointed, who made the following report to the November term, 1834. “ The auditor, after being duly sworn, proceeded to examine and' try the matters in issue in book between the parties, and reports-the following facts: At the commencement of the accounts between the parties, it was.agreed that interest should be cast upon the balance of the account at the end of each…
1Opinion of the Court
The opinion of the court was delivered by
Collamer, J.
If the justice of the peace had jurisdiction when he rendered the judgment, the county court had appellate jurisdiction of the cause, of which the subsequent events could not deprive them. The question then is, had the justice jurisdiction of the cause? If a court presume to act where ihe subject matter is hot within its jurisdiction, the court, and all acting under its authority, are, generally, trespassers. When such are the consequences, the law, defining the jurisdiction, should be simple and definite and obvious of determination, it…
2Cited by5 opinions
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