Howard & Brown v. Gammon
Supreme Court of Vermont
Debt on Judgment. Heard at the June Term, 1905, Windsor County, Haselton, J., presiding, on the claimant’s motion to- dismiss the appeal for that “neither the ad damnum in plaintiff’s writ, nor the sum demanded in the declaration, nor the specifications or exhibits of plaintiff exceeded the sum of twenty dollars.” Motion overruled. The claimant excepted.
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Debt on Judgment. Heard at the June Term, 1905, Windsor County, Haselton, J., presiding, on the claimant’s motion to- dismiss the appeal for that “neither the ad damnum in plaintiff’s writ, nor the sum demanded in the declaration, nor the specifications or exhibits of plaintiff exceeded the sum of twenty dollars.” Motion overruled. The claimant excepted. The ad damnum in tfie writ, and the sum- demanded by the declaration, is twenty dollars; and neither the specifications nor exhibits of plaintiffs at the trial before the justice exceeded that sum. The trustee disclosed at said trial that at…
1Opinion of the Court
R0WEU4, C. J.
The question is whether the plaintiff'in a trustee suit can appeal from the judgment of a justice sustaining the- claimant’s title to the credits disclosed by the trustee and discharging the trustee, although the suit is not appealable as between the plaintiff and the defendant, the .amount in issue between the plaintiff and the claimant exceeding twenty dollars.
That a trustee can appeal when the amount in issue between him and the defendant exceeds twenty dollars, although the action is not appealable as between the plaintiff and the ■defendant, has been decided. Church v.…
2Cases cited4 opinions
- Church v. FrenchSupreme Court of Vermont · 1882
- Hutchinson v. Bigelow & AllisSupreme Court of Vermont · 1851
- Van Buskirk v. MartinSupreme Court of Vermont · 1856
- American Express Co. v. GraySupreme Court of Vermont · 1890