Stevens v. Coburn
Supreme Court of Vermont
Action of Account. Heard upon motion to dismiss for want of jurisdiction, and demurrer to the declaration; at the September term, 1898, Washington county, Start, J., presiding. Pro-forma judgment denying the motion and overruling the demurrer. The defendant excepted.
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Action of Account. Heard upon motion to dismiss for want of jurisdiction, and demurrer to the declaration; at the September term, 1898, Washington county, Start, J., presiding. Pro-forma judgment denying the motion and overruling the demurrer. The defendant excepted. The declaration alleged among other things that the plaintiffs and the defendant “were associated together as partners and tenants in common in an organization known as the Young Peoples Independent Club of North Montpelier, Vermont, in which the plaintiffs, and the defendant were mutually interested;” and further that the…
1Opinion of the CourtTaft, C.J.
This is an action of account in favor of nineteen partners against a co-partner, brought in the city court of Montpelier, and the sole question is, had the city court jurisdiction ? It has “jurisdiction of all matters of a civil nature” if “the debt or other matter in demand does not exceed five hundred dollars.” Acts 1896, No. 149, § 5. Actions of account are of a civil nature. An action of account at common law cannot be maintained to settle partnership matters between three or more partners having separate and distinct interests, for the reason that no separate judgments can be rendered in…
2Cases cited2 opinions
- Wiswell v. WilkinsSupreme Court of Vermont · 1832
- La Point v. ScottSupreme Court of Vermont · 1864
3Cited by1 opinion
- Hodges's Admr. v. Hodges's EstateSupreme Court of Vermont · 1916