Page v. Warner
Supreme Court of Vermont
Debt on judgment. The action was begun before a justice of the peace and a motion was there made that it be dismissed for want of jurisdiction. The motion was overruled and an appeal taken by the plaintiff. The motion was renewed in the county court, at the September term, 1898, Chittenden county, Ross, J., presiding, the copy of the original record of the judgment and the execution and return thereon being made a part of the motion.
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Debt on judgment. The action was begun before a justice of the peace and a motion was there made that it be dismissed for want of jurisdiction. The motion was overruled and an appeal taken by the plaintiff. The motion was renewed in the county court, at the September term, 1898, Chittenden county, Ross, J., presiding, the copy of the original record of the judgment and the execution and return thereon being made a part of the motion. The motion was overruled and judgment rendered for the plaintiff. The defendant excepted.
1Opinion of the CourtTyler, J.
By Y. S. 1040 justices of the peace have jurisdiction of all actions of a civil nature, except those specified, where the debt or other matter in demand does not exceed two hundred dollars. In this case the original judgment was for $249.15, execution was issued, property was levied upon and sold and the proceeds applied, so that when this suit was brought there remained due upon the judgment only the sum of $145.52 and interest. The defendant insists that the test of jurisdiction is the amount of the j u dgmenir Tec o ver ed, and not the amount remaining due when the action is brought; but…
2Cases cited3 opinions
- Southwick v. Reuben MerrillSupreme Court of Vermont · 1830
- Miller v. LivingstonSupreme Court of Vermont · 1865
- A. H. Berry Shoe Co. v. DechenesSupreme Court of Vermont · 1895