Legal Opinion

Richardson v. Denison

Supreme Court of Vermont

Decided January 15, 1826PublishedCited by 4 opinions

IN ERROR. THE plaintiff below brought his action before a justice of the peace, in which the defendant below, was attached to answer, “in an action on the case, for debt for rent, for $70,00 which the defendant owes to the plaintiff, for use of the farm, where the plaintiff now lives,” &c. Ad damnum seventy-five dollars. The writ was dated Nov. 27, 1823. The cause came, by appeal, to the county court.

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IN ERROR. THE plaintiff below brought his action before a justice of the peace, in which the defendant below, was attached to answer, “in an action on the case, for debt for rent, for $70,00 which the defendant owes to the plaintiff, for use of the farm, where the plaintiff now lives,” &c. Ad damnum seventy-five dollars. The writ was dated Nov. 27, 1823. The cause came, by appeal, to the county court. In the county court, the plaintiff below filed a new declaration, containing two counts, in assumpsit, as follows: “And now the said Zina, in court here, complains against the said Eleazer, in a…

1Opinion of the CourtHutchinson, J.

This is a writ of error, brought to reverse a judgment of the county court, in an action in which Denison was plaintiff, and recovered his damages and costs.

It is contended that this judgment ought to be reversed. 1 st, because the Court had no jurisdiction of the action. 2d, because the Court erred, in deciding that Denison could recover, for use and occupation, upon such testimony of the actual occupation, as appears in the case, The only objection that appears *215to have been raised, to the jurisdiction before the county court, is grounded upon the supposition, that the title of land was…

2Cited by4 opinions

  1. Thompson v. ColonySupreme Court of Vermont · 1834
  2. Scott v. DarlingSupreme Court of Vermont · 1894
  3. In re Weber Furniture Co.U.S. Circuit Court for the District of Eastern Michigan · 1876
  4. Persons v. Centre Turnpike Co.Supreme Court of Vermont · 1848

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