Carlton v. Young
Supreme Court of Vermont
This was a writ of scire facias, brought to the county court, upon a recognizance of ten dollars, originally entered into by the defendant, before a justice of the peace, conditioned that one Samuel Eastman, who had brought an action against the plaintiff, before said justice, should prosecute the same to effect, and answer all damages, if judgment should be rendered against him.
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This was a writ of scire facias, brought to the county court, upon a recognizance of ten dollars, originally entered into by the defendant, before a justice of the peace, conditioned that one Samuel Eastman, who had brought an action against the plaintiff, before said justice, should prosecute the same to effect, and answer all damages, if judgment should be rendered against him. That action having been carried by appeal to the county court, tbe plaintiff recovered judgment therein, against the said Eastman for his costs, taxed and allowed at $7,58. The plaintiff thereupon sued out this writ,…
1Opinion of the CourtHutchinson, J.
delivered the following opinion, in which Royce, J. concurred. This is a scire facias, brought directly before the county court, upon a recognizance of ten dollars. The defendant filed a plea to the jurisdiction of the county court, alleging that a justice of the peace had jurisdiction of the demand. To this plea the plaintiff demurred, and the defendant joined in demurrer. A decision was made upon this plea in the county court, and an appeal taken to this court, and the cause has been argued upon the same pleadings. The defendant, however, in argument, objects to the declaration for want of…
2Cited by3 opinions
- Koerber v. Middlesex CollegeSupreme Court of Vermont · 1978
- Levin v. PeckSupreme Court of Vermont · 1915
- Shumway v. SargeantSupreme Court of Vermont · 1855