Smith v. Crane
Supreme Court of Vermont
This was an action of assumpsit, commenced before a justice of the peace, and appealed to the county court. The record of the justice was as follows :— State oí Vermont, Orange county, ss.:— “ Be it remembered that at a justice court, holden at Chester, in said county, on the 2Jst day of November, A. D. “ 1839,before John W. Smith, justice of the peace, within and “ for said county, Daniel Crane, of said Chester, was attach- “ ed to answer unto Stephen Smith of said Chelsea…
Read the full summary
This was an action of assumpsit, commenced before a justice of the peace, and appealed to the county court. The record of the justice was as follows :— State oí Vermont, Orange county, ss.:— “ Be it remembered that at a justice court, holden at Chester, in said county, on the 2Jst day of November, A. D. “ 1839,before John W. Smith, justice of the peace, within and “ for said county, Daniel Crane, of said Chester, was attach- “ ed to answer unto Stephen Smith of said Chelsea in a plea “ of the case, as per declaration on file appears. Whereup- “ on, after hearing the evidence adduced on the…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
— The question in this case arises on a motion to dismiss an appeal. The justice allowed the appeal and the county court dismissed it, on the ground that no appeal could be allowed where the judgment rendered was on a nonsuit.
The statute does not admit an appeal to be taken from the judgment of a justice of the peace, rendered on nonsuit or default, and obviously has reference to a case where the party fails to appear, and not to one where there is an appearance on both sides and a trial and judgment had on the merits of the case. A…
2Cited by6 opinions
- Ordway v. Boston & Maine RailroadSupreme Court of New Hampshire · 1898
- Brown v. MungerSupreme Court of Vermont · 1844
- Wilkins v. StilesSupreme Court of Vermont · 1902
- Haire v. PerrySupreme Court of Vermont · 1902
- Wright v. PhillipsSupreme Court of Iowa · 1849
1 more not listed; retrieve them via the Exa API.