Legal Opinion

Cook v. Porter

Supreme Court of Vermont

Decided July 15, 1802PublishedCited by 2 opinions

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…

2Cited by2 opinions

  1. Keyes v. WeedSupreme Court of Vermont · 1823
  2. Planters' & Mechanics' Bank of Columbus v. ChipleyMuscogee County Superior Court, Ga. · 1842

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