Keyes v. Weed
Supreme Court of Vermont
THIS was an action of assumpsit, brought originally before the County Court, on three several notes of hand — one for $249, one for $175, and one for $30. After a general verdict for the plaintiff, in this Court, upon the issue of non assumpsit, the defendant moved in arrest of judgment, on the ground that the Court has no jurisdiction of the subject matter of the third count of the declara-. tion which is upon the note for thirty dollars — the same being with in the…
Read the full summary
THIS was an action of assumpsit, brought originally before the County Court, on three several notes of hand — one for $249, one for $175, and one for $30. After a general verdict for the plaintiff, in this Court, upon the issue of non assumpsit, the defendant moved in arrest of judgment, on the ground that the Court has no jurisdiction of the subject matter of the third count of the declara-. tion which is upon the note for thirty dollars — the same being with in the jurisdiction, of a Justice of the Peace.
1Opinion of the Court
The opinion of the Court was delivered by
Skinner, Ch. J.
There is no pretence that the defendant is prejudiced by permitting the plaintiffs to include in the action the small note declared upon in the third count; and it cannot be questioned that such proceeding is laudable, and ought to be sanctioned by the Court, unless clearly forbid by the statute. The Legislature, by repeated acts, have attempted to prevent a multiplicity of suits,where a single action would avail the party; and the practice of the English Courts is to consolidate, and compel the plaintiff to pay costs.
It is insisted,…
2Cases cited2 opinions
- Cook v. PorterSupreme Court of Vermont · 1802
- Young v. SandersSupreme Court of Vermont · 1800
3Cited by1 opinion
- McFarland v. McLaughlinSupreme Court of Vermont · 1824