Legal Opinion

Tripp v. Leland

Supreme Court of Vermont

Decided August 15, 1866Published

This was an action of replevin, returnable before a justice of the peace, in which the officer was commanded to replevy one logging chain, of the value of five dollars, which had been attached by Carlos B. Leland, on a writ in favor of him, the said Leland, and against one John C. Tripp, and which he, Lejjjjnd, was unlawfully detaining.

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This was an action of replevin, returnable before a justice of the peace, in which the officer was commanded to replevy one logging chain, of the value of five dollars, which had been attached by Carlos B. Leland, on a writ in favor of him, the said Leland, and against one John C. Tripp, and which he, Lejjjjnd, was unlawfully detaining. On the return day of said writ, the defendant appeared and by his counsel moved to dismiss said suit for the want of jurisdiction in the justice to try the subject matter of said suit, the same not having been brought and prosecuted to recover the possession…

1Opinion of the Court

The opinion of the court was delivered by

Baebett, J.

The question is, whether a justice of the peace has jurisdiction in replevin for goods and chattels unlawfully taken or detained of value not exceeding twenty dollars. Section 18 of chapter 31 of the General Statutes, “ on justices of the peace,” expressly gives such jurisdiction. Section 19 provides the mode of exercising it, in part by specific provision, and in part by reference to other parts of the same chapter, and to the chapter “ on replevin.” It is nevertheless insisted by the defendant that such jurisdiction does not exist; and the…

2Cases cited1 opinion

  1. Glover v. ChaseSupreme Court of Vermont · 1855

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