Beach v. Boynton
Supreme Court of Vermont
Book Account. The action was originally brought before a justice of the peace, and came to the county court by appeal. The case was sent to an auditor, and from his report returned to the county court, March term, 1853 ; it appeared that the debit side of the plaintiff’s book was under one hundred dollars. But that defendants account exceeded one hundred dollars, and his credits to the plaintiff also exceeded that sum.
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Book Account. The action was originally brought before a justice of the peace, and came to the county court by appeal. The case was sent to an auditor, and from his report returned to the county court, March term, 1853 ; it appeared that the debit side of the plaintiff’s book was under one hundred dollars. But that defendants account exceeded one hundred dollars, and his credits to the plaintiff also exceeded that sum. It also appeared, that the defendant’s account included a cash deal between the parties of sums of money lent and paid; but this deal the plaintiff had never kept, and the sums…
1Opinion of the Court
*107The opinion of the court was delivered by
Isham, J.
The judgment of the county court in this casé must be affirmed. The question in the case arises on a motion to dismiss for want of jurisdiction by the justice, before whom the suit was originally commenced.
The Comp. Stat. 233 § 20, 21, gives exclusive jurisdiction to justices of the peace, of all actions of a civil nature where the debt or matter in demand does not exceed one hundred dollars; and in actions on book account the statute provides, that the matter in demand shall be the debtor side of the plaintiff’s booh. The plaintiff’s book,…
2Cases cited2 opinions
- Stone v. WinslowSupreme Court of Vermont · 1835
- Nichols v. PackardSupreme Court of Vermont · 1844