Phelps v. Wood
Supreme Court of Vermont
This was an action of book account, sued before a justice of the peace, and carried, by appeal, to the county court, and referred to auditors. By the report of the auditors, it appeared that the plaintiffs’ account, as presented before them, contained one item of interest of $$J0, and that the sum of t-he debit side of such account was $$100,58, upon which the defendant contended, that the county court had not appellate jurisdiction of the cause.
Read the full summary
This was an action of book account, sued before a justice of the peace, and carried, by appeal, to the county court, and referred to auditors. By the report of the auditors, it appeared that the plaintiffs’ account, as presented before them, contained one item of interest of $$J0, and that the sum of t-he debit side of such account was $$100,58, upon which the defendant contended, that the county court had not appellate jurisdiction of the cause. The plaintiffs, also, charged the defendant a bill of cost in chancery, in a bill of foreclosure, in favor of one Hart against Dickenson and others,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The first objection to the report is virtually disposed of, by the case of Catlin v. Aiken, 5 Vt. Rep. 179. A mere mistake in charge, whether it be corrected by a credit or erasure, or stand uncorrécted, is not to affect the jurisdiction of the court. It would be almost too gross an absurdity to merit refutation. When the statute speaks of the “ debit side of plaintiff’s book,” as a limit of the jurisdiction of justices of the peace, in actions of book account, it is intended to express the “ plaintiff’s book,” as understanding^ made up by…
2Cases cited6 opinions
- Southwick v. Reuben MerrillSupreme Court of Vermont · 1830
- Hall v. HallSupreme Court of Vermont · 1836
- Gailer v. GrinnelSupreme Court of Vermont · 1828
- Baxter v. TuckerSupreme Court of Vermont · 1815
- Stone v. WinslowSupreme Court of Vermont · 1835
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Smith v. McNealSupreme Court of the United States · 1883
- English v. T. H. Rogers Lumber Co.Supreme Court of Oklahoma · 1918
- Whitcomb v. RoodSupreme Court of Vermont · 1847
- Spear v. CurtisSupreme Court of Vermont · 1867
- Fairbanks v. DevereauxSupreme Court of Vermont · 1886
9 more not listed; retrieve them via the Exa API.