Cook v. Porter
Supreme Court of Vermont
IN ERROR. ' This writ was brought to reverse a judgment of Orange County Court, rendered December term, 1800, in favour of the now defendant against the plaintiff in error. In the original declaration, the plaintiff counted on a promissory note for 70 dollars, and added another count for Jive dollars, money advanced and lent. Judgment rendered on default.
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IN ERROR. ' This writ was brought to reverse a judgment of Orange County Court, rendered December term, 1800, in favour of the now defendant against the plaintiff in error. In the original declaration, the plaintiff counted on a promissory note for 70 dollars, and added another count for Jive dollars, money advanced and lent. Judgment rendered on default. Error assigned, that the declaration was insufficient : “for that the said Ben Porter’s declaration consisted of two counts, the one for five dollars mo - ney lent and advanced; which said count was within the jurisdiction of a Justice of…
1Per curiam
The Court have inspected the record, and do not incline to consume time in hearing argument upon a case so plain.
The object of the Legislature in restricting small demands within the jurisdiction of a single magistrate does not apply here. It was to prevent the expense of litigation in the higher Courts upon controversies of trivial moment.
But where a creditor has a demand within the jurisdiction of the County Court, and is about to com, menee a suit upon it, it is not only legal but laudable in him to bring forward such other demands as may be joined in the same declaration, though…
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