A. H. Berry Shoe Co. v. Dechenes
Supreme Court of Vermont
Book account. Heard upon the defendant’s motion to dismiss at the April term, 1895, Franklin county, Tyler, J., presiding. Motion sustained and writ dismissed. The plaintiff excepts. The statute prescribes the test of jurisdiction, and that is the debtor side of the plaintiff’s book, R. L., s. 822. The plaintiff’s writ did not show jurisdiction in the county court.
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Book account. Heard upon the defendant’s motion to dismiss at the April term, 1895, Franklin county, Tyler, J., presiding. Motion sustained and writ dismissed. The plaintiff excepts. The statute prescribes the test of jurisdiction, and that is the debtor side of the plaintiff’s book, R. L., s. 822. The plaintiff’s writ did not show jurisdiction in the county court. Bates v. Downer, 4 Vt. 178 ; Nelson v. Emery, 17 Vt. 579 ; Scott & Sfaulding-v. McDonough, 39 Vt. 203 ; Stevens v. Pearson, 5 Vt. 503 ; Thompson v. Colony, 6 Vt. 91; Sheferd v. Beebe & Briggs, 24 Vt. 40.
1Opinion of the CourtMunson, J.
This is an action of book account, brought originally to the county court, in which the plaintiff declares for fifty dollars to balance accounts, and places the ad damnum at fifty dollars. The county court dismissed the suit on motion. This disposition of the case was in accordance with the holding in Bates v. Downer, 4 Vt. 178. This case was unfavorably commented upon in Paul v. Burton, 32 Vt. 148, and we think it should now be overruled.
The county court has “original and exclusive jurisdiction of all original civil actions, except those made cognizable by a justice.” Justices are given…
2Cases cited2 opinions
- Paul v. BurtonSupreme Court of Vermont · 1859
- Bates v. DownerSupreme Court of Vermont · 1832
3Cited by1 opinion
- Page v. WarnerSupreme Court of Vermont · 1899