Barlow v. Burr
Supreme Court of Vermont
Tgis . was an action brought before a justice of the peace, upon a note of less than one hundred dollars. The defendant appeared, and pleaded to the jurisdiction of the justice, that he was a Deputy Collector of the United States, under the authority of Congress. . This plea was overruled by the justice ; and the defendant answered over, pleading to the jury, and obtained a verdict. The plaintiff appealed to the County Court.
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Tgis . was an action brought before a justice of the peace, upon a note of less than one hundred dollars. The defendant appeared, and pleaded to the jurisdiction of the justice, that he was a Deputy Collector of the United States, under the authority of Congress. . This plea was overruled by the justice ; and the defendant answered over, pleading to the jury, and obtained a verdict. The plaintiff appealed to the County Court. There the defendant again urged his objections to the jurisdiction of the justice. ' The County Court, .finding the truth of the .plea to the jurisdiction established,…
1Judgment of the CourtHutchinson, J.
It appears not very consistent that a court should take jurisdiction of an action for one purpose and not for another : for the purpose of rendering judgment for costs, and not for the purpose of trying the merits, and ascertaining which party ought to recover. At common law, a man sued before a court that has no jurisdiction of *490the Suit, may bring -bis action and recover his costs; but cannot tax them,and have judgment for them,in the suit dismissed, for want of jurisdiction. In the case cited from 12th Mass. R. the court awarded costs, on the ground that they had jurisdiction of the action,…
2Cases cited1 opinion
- Williams v. BluntMassachusetts Supreme Judicial Court · 1806
3Cited by5 opinions
- Gormly v. McIntoshNew York Supreme Court · 1856
- Kent v. Board of CommissionersSupreme Court of Kansas · 1889
- Bartels v. HoeySupreme Court of Colorado · 1877
- Burnham v. RangeleyU.S. Circuit Court for the District of Maine · 1847
- Downing v. RobertsSupreme Court of Vermont · 1850