Sanborn & Catlin v. Chittenden
Supreme Court of Vermont
Jurisdiction. Costs. Bill of sale and parol testimony respecting it. Trover for 5,000 pounds of wool and 25 wool-sacks. Plea, the general issue ; trial by jury, June Term, 1854, — Poland, J., presiding.
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Jurisdiction. Costs. Bill of sale and parol testimony respecting it. Trover for 5,000 pounds of wool and 25 wool-sacks. Plea, the general issue ; trial by jury, June Term, 1854, — Poland, J., presiding. Upon the trial it appeared that the plaintiffs, in June, 1848, shipped about forty-five sacks of wool, at St. Alban’s Bay, to John Bradley & Co., wharfingers and forwarding merchants at Burlington, subject to the order of B. & H. Boynton, of Hinesburgh; that the defendant was the agent of John Bradley & Co., and had the care of their business on their wharf at Burlington; that soon after the…
1Opinion of the Court
The opinion of the court was delivered by
Eedrield, Ch. J.
I. A question is made in the case, hi regard to the jurisdiction of the court, if the plaintiff failed in his principal claim. We think it well settled that where the plaintiff at the time of bringing his suit, expects to recover more than $100.00, but is finally defeated in his principal claim, so as to reduce the recovery below that sum, the county court is not thereby ousted of its jurisdiction of the action. It is scarcely needful to refer to authorities upon the point. They are numerous and extend over a considerable portion of our…
2Cases cited5 opinions
- Henry v. TilsonSupreme Court of Vermont · 1845
- Manwell v. BriggsSupreme Court of Vermont · 1845
- Ladd v. HillSupreme Court of Vermont · 1832
- Joyal v. BarneySupreme Court of Vermont · 1848
- Kittridge v. RollinsSupreme Court of Vermont · 1840
3Cited by3 opinions
- Locklin v. DavisSupreme Court of Vermont · 1899
- Dixon v. BlondinSupreme Court of Vermont · 1886
- Putnam v. McDonaldSupreme Court of Vermont · 1899