Niles v. Howe
Supreme Court of Vermont
Trespass on the freehold. Heard on motion to dismiss, December Term, 1884, Walker, J., presiding. Motion granted. The docket entries showed that the suit was entered in court at the December Term, 1883, and that the motion to dismiss was made at the December Term, 1884. It appeared by the writ that both the plaintiff and defendant resided in the County of Bennington.
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Trespass on the freehold. Heard on motion to dismiss, December Term, 1884, Walker, J., presiding. Motion granted. The docket entries showed that the suit was entered in court at the December Term, 1883, and that the motion to dismiss was made at the December Term, 1884. It appeared by the writ that both the plaintiff and defendant resided in the County of Bennington. The declaration averred that, “said J. B. Howe * * * * at Monroe in the County of Franklin and Commonwealth of Massachusetts, broke and entered the close of the said Joseph Niles, situated, lying, and being in Monroe aforesaid,…
1Opinion of the Court
The opinion of the court was delivered by
Powers, J.
This action was brought to the County Court, is between residents of Vermont, and is for a trespass on lands in Massachusetts. Section 899, R. L., declares that actions in the County Court of ejectment and trespass on the freehold shall be brought in the county in which the lands lie. It is argued that this section refers to lands lying in this State; and further, that the distinction existing at common law between local and transitory actions rested upon reasons no longer existing, and should therefore no longer be observed.
Our statute…
2Cases cited1 opinion
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