Heath v. Robinson

• Court: Vermont Supreme Court
• Writing for the Court: STAFFORD, J.
• Citation: Heath v. Robinson, 75 Vt. 133, 53 A. 995 (Vt. 1903)
• Decision Date: 31 January 1903
• Parties: HEATH et al. v. ROBINSON.

53 A. 995

75 Vt. 133

HEATH et al.

v. ROBINSON.

Supreme Court of Vermont. Orleans.

Jan. 31, 1903.

Exceptions from Orleans county court; Munson, Judge.

Action by Joseph Heath and others against Laton M. Robinson. From an order overruling defendant's motion to dismiss the amended declaration filed on appeal from a judgment of a justice of the peace, defendant brings exceptions. Reversed.

Argued before ROWELL, C. J., and TYLER, START, WATSON, STAFFORD, and HASELTON, JJ.

Aldrich & Reirden, for plaintiffs.

F. W. Baldwin, for defendant.

STAFFORD, J. In Vermont, justices of the peace may hear and determine actions of trespass upon the freehold, although the title to land is involved, if the ad damnum does not exceed $20; but they have no jurisdiction of other forms of action, if the title to land is concerned, no matter how small the sum demanded may be. In trespass de bonis, trover, and most other actions, they have jurisdiction to the amount of $200. V. S. 1040. Whether the title to land is concerned depends upon the declaration,—that is, whether to prove its allegations will require the plaintiff to prove title to land,—and does not depend upon the plea, nor the course of trial. So, in trespass de bonis for taking and carrying away grass not alleged to be growing when taken, the justice had jurisdiction, although the plea and the evidence brought in issue the title to the land upon which the grass had been cut. Jakeway v. Barrett, 38 Vt 316. But actions for breach of covenant in a conveyance of land (Hastings v. Webber, 2 Vt 407), case for erecting a fence so near the plaintiff's house as to obstruct his windows (Whitney v. Bowen, 11 Vt 250), case for obstructing a stream and causing it to overflow the plaintiff's land (Haven v. Needham, 20 Vt. 183), case for leaving open a pent-road gate, thereby letting in cattle that destroyed the plaintiff's crops (French v. Holt, 57 Vt. 187), and such like, do put the plaintiff to proof of title to make good his declaration, and are therefore outside a justice's jurisdiction.

When the present action was commenced before the justice, the declaration contained three counts,—one, trover; one, trespass de bonis; and one, trespass on the freehold. The first and second were for converting and carrying away wood and timber, and the third was for breaking and entering the plaintiffs' close and there felling and destroying trees. The ad damnum was $20. The plaintiffs had judgment, and the defendant appealed to the county court where he demurred for misjoinder of counts, and his demurrer was sustained. Thereupon the plaintiffs, having obtained leave, filed an amended declaration, which is treated by both partie...