Fisher v. Tupper

Supreme Court of Vermont
Fisher v. Tupper, 73 Vt. 352 (Vt. 1901)
50 A. 1106
Munson, Rowell, Tyleb, Watson

Fisher v. Tupper

Opinion of the Court

Munson, J.

Neither the ad damnum in the writ, nor the sum demanded by the declaration, nor the specification presented by the plaintiff, exceeded twenty dollars; and the case was «not appealable unless the plaintiff offered an exhibit exceeding that amount. V. S. 1298. It is clear that the exhibit here intended is a writing offered as the basis of recovery. Church v. Vanduzee, 4 Vt. 195; Weston v. Marsh, 12 Vt. 420; Warren v. Newfane, 25 Vt. 250; Connecticut etc. R. R. Co. v. Bates, 32 Vt. 420; Cole v. Goodell, 39 Vt. 400; Williams v. Mason, 45 Vt. 372; Concord v. National Bank, 51 Vt. 144; Perry v. Gay, 52 Vt. 615. The plaintiff offered no writing other than his specification. So no statement of a claim *353exceeding twenty dollars was presented in any of the ways specified in the statute, and further inquiry as to the petitioner’s position is unnecessary.

Judgment affirmed.

Reference

Full Case Name
A. W. Fisher v. Thomas L. Tupper
Status
Published