Collamer v. Page
Supreme Court of Vermont
Replevin for one hundred and thirty-five sheep, alleged in the writ to belong to the plaintiff, who resided in Montpelier, in Washington county, and to have been taken and attached by the defendant Page, a resident of Washington county, and by the defendant Fifield, a resident of Orange county. The writ was made returnable to the Washington County Court.
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Replevin for one hundred and thirty-five sheep, alleged in the writ to belong to the plaintiff, who resided in Montpelier, in Washington county, and to have been taken and attached by the defendant Page, a resident of Washington county, and by the defendant Fifield, a resident of Orange county. The writ was made returnable to the Washington County Court. From the officer’s return upon the writ, it appeared that he found and replevied the sheep in Orange county, at the residence of the defendant Fifield. The defendants filed a motion to dismiss the action, on the ground that, as it appeared…
1Opinion of the Court
Poland, Ch. J.
The plaintiff’s action having been dismissed in the county court on motion of the defendants, because brought in the wrong county, the plaintiff insists that the county court had no legal jurisdiction thereafter to award any judgment except a judgment for costs.
The plaintiff’s counsel have referred us to numerous authorities, where it has been held that if the court have no jurisdiction 'over the subject matter of a suit, they can render no legal judgment in it, not even for the defendant to recover his costs, unless authorized by express statute.
The position is well founded,…
2Cases cited6 opinions
- University of Vermont v. JoslynSupreme Court of Vermont · 1848
- Fleet v. LockwoodSupreme Court of Connecticut · 1845
- Pettygrove v. HoytSupreme Judicial Court of Maine · 1833
- McArthur v. LaneSupreme Judicial Court of Maine · 1839
- Greely v. CurrierSupreme Judicial Court of Maine · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Yost v. ConroyIndiana Supreme Court · 1883
- Brown v. BrownTennessee Supreme Court · 1927
- Standard Finance Corp. v. BrelandMississippi Supreme Court · 1964
- Wright v. MarvinSupreme Court of Vermont · 1887
- Peterson v. KissellSupreme Court of Iowa · 1910
13 more not listed; retrieve them via the Exa API.