Perkins v. Rich
Supreme Court of Vermont
This was an action of assumpsit originally brought before a justice of the peace by the indorsee against the maker of a promissory note.
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This was an action of assumpsit originally brought before a justice of the peace by the indorsee against the maker of a promissory note. The original declaration stated “ that the “ defendant, on the 6th of December, 1823, by his note of « that date, under his hand, promised to pay to Sanford “ Steele or his order $75, in one year from date of the said “ note with interest, and said note was afterwards, on the “ 10th day of December, A. D. 1838, by the said Sanford « gteele indorsed to the plaintiff for value received — which “ said note has not been paid though often demanded, ex- “ cept…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
— In this case the county court dismissed the cause for want of jurisdiction in the justice’s court, where the suit was brought, and from whence it came into the county court by appeal.' In order to justify that judgment, which was rendered upon the motion of defendant, we must be satisfied, that, at the time of rendering the judgment, it did appear judicially, that the county court had not jurisdiction of the cause. In a case of doubtful import, upon a question of jurisdiction, the intendment will always be in favor of that court, where…
2Cited by2 opinions
- Dwyer v. Bassett & BassettTexas Supreme Court · 1885
- Herren v. CampbellSupreme Court of Vermont · 1846