20 Vt. 170 | Vt. | 1848
The opinion of the court was delivered by
The only question in this case is, had the county court appellate jurisdiction 1 The statute takes away the right of appeal from the judgment of a justice, in actions in which neither the ad damnum, nor the sum demanded by the declaration, exceeds ten dollars.
In this case there is nothing to show, that by the declaration a sum is demanded beyond ten dollars; and consequently, this being upon the face of the declaration an open question, the fact whether the county court had appellate jurisdiction must depend upon the ad damnum. As each count in the declaration concludes with an ad damnum, of ten dollars, it is doubtless true, that, if the counts are, in point of fact, for different causes of action, there might be an assessment of damages on each count; and the aggregate of the assessment might exceed ten dollars. If, however, the counts are for the same cause of action, then there can be but a single assess
The result is, the judgment of the county court is reversed, and judgment rendered, that the cause be dismissed for want of jurisdiction, and that the plaintiff recover his costs accruing subsequent to the appeal.