Bates v. Downer
Supreme Court of Vermont
This was an action on boolt account, and a motion in writing was filed in the county court to dismiss the suit on the ground that the court bad no jurisdiction. Evidence that the debit side of the plaintiff’s book exceeded one hundred dollars was offered, and rejected. And the question was, whether it was necessary, to sustain the jurisdiction of the court, that the sum demanded in the writ should exceed one hundred dollars.
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This was an action on boolt account, and a motion in writing was filed in the county court to dismiss the suit on the ground that the court bad no jurisdiction. Evidence that the debit side of the plaintiff’s book exceeded one hundred dollars was offered, and rejected. And the question was, whether it was necessary, to sustain the jurisdiction of the court, that the sum demanded in the writ should exceed one hundred dollars. The court decided it was necessary ; and, therefore, rendered judgement that the suit be dismissed. To which the plaintiff, in the usual form excepted, and the case was…
1Opinion of the CourtHutchinson, C. J.
This was an action on boolc account,originally commenced before the county court, claiming one hundred dollars to balance book accounts ; and laying the ad damnum at $100. And the question now raised is, whether the county court had jurisdiction of such a suit. The plaintiff contends, that he lias declared for the balance, as he must do by the statute ; and not the balance,but the debit side of his account, regulates the jurisdiction. This, at first view, derives a plausibility from the circumstance, that the sum declared for as a balance, is the highest sum of which a justice of the peace…
2Cited by3 opinions
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