Fisk v. Wallace
Supreme Court of Vermont
Replevin for two sheep and two lambs, brought before a justice of the peace, and appealed to the September Term, 1878. The ad damnum in the writ was $20, and the return of the officer showed that the property was appraised at $6 at the time it was replevied. The plaintiff moved to dismiss, for that the County Court had no appellate jurisdiction; and the court, Dunton, J., presiding, sustained the motion, pro forma, and dismissed the appeal; to which the defendant excepted.
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Replevin for two sheep and two lambs, brought before a justice of the peace, and appealed to the September Term, 1878. The ad damnum in the writ was $20, and the return of the officer showed that the property was appraised at $6 at the time it was replevied. The plaintiff moved to dismiss, for that the County Court had no appellate jurisdiction; and the court, Dunton, J., presiding, sustained the motion, pro forma, and dismissed the appeal; to which the defendant excepted. The County Court had jurisdiction. Gen. Sts. c. 30, s. 24; c. 81, ss. 18, 63 ; Acts of 1876, No. 64 ; 1 Chit. PL 162,395…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
This case comes here on exception to the pro-forma ruling of the court dismissing the appeal. A motion to dismiss could only be predicated upon what appears of record. Hence the ruling of the court in sustaining the motion can only be justified upon the ground that it appears from the record that the County Court had no appellate jurisdiction. The action of replevin in this State, to try the right to property, is a statutory action, and under the statute upon which this writ was brought, *420the right to the property replevied is to be determined,…
2Cited by2 opinions
- Andrews v. BakerSupreme Court of Vermont · 1887
- Farnham v. ChapmanSupreme Court of Vermont · 1888