Cooley v. Aiken
Supreme Court of Vermont
This was an action on tbe case against the defendant, who was one of the selectmen of the town of Benson, for refusing to administer to the plaintiff the oath provided by the statute, in the case of persons aggrieved by reason of the assessment of money on hand, debts due, &c., by the listers, and for refusing to receive and return to the town clerk the plaintiff’s disclosure, under the statute, by reason of which he was unjustly taxed, &c.
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This was an action on tbe case against the defendant, who was one of the selectmen of the town of Benson, for refusing to administer to the plaintiff the oath provided by the statute, in the case of persons aggrieved by reason of the assessment of money on hand, debts due, &c., by the listers, and for refusing to receive and return to the town clerk the plaintiff’s disclosure, under the statute, by reason of which he was unjustly taxed, &c. Plea, not guilty,'and trial by jury. On the trial ■ in the county court, it was agreed by the parties, that at the annual March meeting of the town of…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
The question, whether the county court had jurisdiction, is presented now for the first time, the same not having been raised in the county court. The only ground on which the court can, with propriety, dismiss a cause for want of jurisdiction, in a case where the damages are- laid within the jurisdiction of the county court, is when it appears that the party has fraudulently attempted to give jurisdiction, by laying his damages above one hundred dollars for the sole purpose of giving jurisdiction. It was on this ground that the case of…
2Cited by2 opinions
- Dwyer v. Bassett & BassettTexas Supreme Court · 1885
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