La Point v. Scott
Supreme Court of Vermont
Action of Account, commenced before a justice of the peace and brought to the county court by appeal. In the county court the defendant made a motion to dismiss the suit on the ground that the justice before whom the suit was originally brought had no jurisdiction, there being three parties to the suit. The county court at the September Term, 1862, — Aldis, J., presiding,— sustained the motion, and dismissed the suit, to which the plaintiff excepted.
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Action of Account, commenced before a justice of the peace and brought to the county court by appeal. In the county court the defendant made a motion to dismiss the suit on the ground that the justice before whom the suit was originally brought had no jurisdiction, there being three parties to the suit. The county court at the September Term, 1862, — Aldis, J., presiding,— sustained the motion, and dismissed the suit, to which the plaintiff excepted. That part of the declaration which sets forth the parties to the suit was as follows : “ The defendants are attached to answer unto the…
1Opinion of the CourtPierpoint, J.
This is an action of account, commenced before a justice of the peace, and taken to the county court by appeal, when a motion was made to dismiss the case, on the gromffi that the justice had no jurisdiction of the actipn.
*634It was settled in Chadwick v. Divol, 12 Vt. 499, that justices of the peace, under our statute, have jurisdiction of actions of account, when the amount in controversy comes within their jurisdiction.
It was also decided in Wiswell v. Wilkins, 4 Vt. 137, that an action of account, cannot be maintained, either at common law or under our statute as it then was, when the account…
2Cases cited2 opinions
- James M. Chadwick & Co. v. DivolSupreme Court of Vermont · 1837
- Wiswell v. WilkinsSupreme Court of Vermont · 1832
3Cited by3 opinions
- Foster v. IvesSupreme Court of Vermont · 1881
- Hodges's Admr. v. Hodges's EstateSupreme Court of Vermont · 1916
- Stevens v. CoburnSupreme Court of Vermont · 1899