Thompson v. Colony
Supreme Court of Vermont
This was an action of assumpsit originally commenced before a justice of the peace, from whose decision an appeal was taken to the county court, where it came on to trial upon the declaration sent up from the justice, on the plea of the general issue, with pleas in offset.
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This was an action of assumpsit originally commenced before a justice of the peace, from whose decision an appeal was taken to the county court, where it came on to trial upon the declaration sent up from the justice, on the plea of the general issue, with pleas in offset. On motion, however, the court dismissed the suit for want of jurisdiction, and decided that the county court had not power to permit the original declaration before the justice to be amended to give the court jurisdiction. this decision the plaintiff excepted. The substance # r 1 of the declaration will be found by a…
1Opinion of the Court
The opinion of the Court was pronounced by
Mattocks, J.
— The general count in the declaration before the justice states, that the plaintiff’s son was to labor for defendant part of three years, (if either party should not revoke during that time) at $50 for the first year — $6 0 for the second year, and $70 for the third. — That the son did labor the two first years, and then discontinued. Then follows two of. the common counts, and concludes, “ All which defendant refuses to pay, which is to the damage of the plaintiff one hundred dollars.”
If the first count shows the cause of action within…
2Cases cited1 opinion
- Richardson v. DenisonSupreme Court of Vermont · 1826
3Cited by4 opinions
- Dwyer v. Bassett & BassettTexas Supreme Court · 1885
- Gregory v. City of BridgeportSupreme Court of Connecticut · 1874
- Hunt v. RockwellSupreme Court of Connecticut · 1874
- Luce v. MinardSupreme Court of Vermont · 1913