Legal Opinion

James M. Chadwick & Co. v. Divol

Supreme Court of Vermont

Decided March 15, 1837PublishedCited by 9 opinions

Action oe account, commenced before a justice of the peace and brought to the county court by appeal. The original writ was directed to the sheriff of Orange county his deputy or any constable of said county, and was served in Orleans county by a deputy sheriff of the latter county, which facts the defendant pleaded in abatement of the writ, in the justice’s court.

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Action oe account, commenced before a justice of the peace and brought to the county court by appeal. The original writ was directed to the sheriff of Orange county his deputy or any constable of said county, and was served in Orleans county by a deputy sheriff of the latter county, which facts the defendant pleaded in abatement of the writ, in the justice’s court. The plaintiffs, thereupon, moved to amend the writ, by erasing, in the direction, the word “ Orange” and inserting in its place, the word Or- ^ leans, to which the defendant objected, but the justice overruled the objection and…

1Opinion of the Court

The opinion of the court was delivered by

Royce, J.

his is an action of account, wherein the defendant is charged as bailiff and receiver of certain wares and *502merchandise. It was originally instituted in a justice’s court, and the first question now presented is, whether that court had jurisdiction. The question does not arise in reference to the amount in controversy, but from the nature of the action ; it being objected that no such action at common law, or under our statute relating particularly to the action of ■account, is cognizable by a justice of the peace. The objection is grounded on…

2Cited by9 opinions

  1. Hall v. ArmstrongSupreme Court of Vermont · 1893
  2. Stewart v. MartinSupreme Court of Vermont · 1844
  3. Dolbear v. Town of HancockSupreme Court of Vermont · 1847
  4. Wolkau v. WolkauAppellate Court of Illinois · 1916
  5. Gates v. LockwoodSupreme Court of Vermont · 1855

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