Legal Opinion

Fargo v. Remington

Supreme Court of Vermont

Decided January 15, 1834PublishedCited by 1 opinion

This was an action of trespass de bonis asportatis for taking a cow of the plaintiff. Plea, general issue, with notice of special justification.

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This was an action of trespass de bonis asportatis for taking a cow of the plaintiff. Plea, general issue, with notice of special justification. On the trial of the issue, the taking having been proved, the defendants gave in evidence the record of a suit in favor of S. Ambler against the plaintiff in this action before said Remington, as a justice of the peace, in which judgment was rendered against the present plaintiff, with the execut>on issued in said, suit, and officer’s return thereon. It was admitted that said cow was taken by virtue of said execution. The plaintiff» in order to show…

1Opinion of the Court

The opinion of the court was pronounced by

Phelps, J.

— The question in this case is simply, whether the defendant, as a justice of the peace, had jurisdiction of the suit Ambler vs. Fargo, so as to render his judgment therein valid ; and if not, whether he is liable in trespass for having issued the execution.

The argument is, that the gross amount of the plaintiff’s account in that suit, being over the sum of one hundred dollars, the limit of a justice’s jurisdiction, the .whole proceeding was coram nonjudice and void.

Let us see how this want of jurisdiction was made to ap*134Pear> an<^ w^at is…

2Cited by1 opinion

  1. Stevens v. DamonSupreme Court of Vermont · 1857

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