Prouty v. Mather
Supreme Court of Vermont
Trespass qua. clau., appealed from the judgment of a justice of the peace. Pleas, the general issue and license. Trial by jury, April Term, 1875, Barrett, J., presiding. The declaration contained three counts.
Read the full summary
Trespass qua. clau., appealed from the judgment of a justice of the peace. Pleas, the general issue and license. Trial by jury, April Term, 1875, Barrett, J., presiding. The declaration contained three counts. The first count was in common form, and alleged that defendant broke and entered plaintiffs’ close, and put, placed, and laid divers large quantities of wood, logs, plank, and slabs in and upon the same, and there kept and continued said wood, &c., for a long space of time, and thereby greatly incumbered said close, and hindered and prevented plaintiffs from having the use, benefit, and…
1Opinion of the Court
The opinion of the court was delivered by
Powers, J.
This was an action of trespass quare clausum fregit, originally brought before a justice of the peace, and taken thence by appeal to the County Court. At the outset of the trial, the defendant interposed a motion to dismiss, on the ground that the justice before whom the action was commenced had no jurisdiction of the case, for the reason that the title to land was involved. The defendant’s counsel has called our attention to a great number of cases where the provisions of the statute limiting the jurisdiction of a justice of the peace have…
2Cases cited8 opinions
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Aven v. BeckomSupreme Court of Georgia · 1852
- Small v. HaskinsSupreme Court of Vermont · 1854
- Coe v. TalcottSupreme Court of Connecticut · 1811
- Griffin v. GilbertSupreme Court of Connecticut · 1859
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- North Star Land Co. v. TaylorSupreme Court of Minnesota · 1915
- Garber v. SprayWyoming Supreme Court · 1917