Fisher v. Tupper

50 A. 1106, 73 Vt. 352

Opinion

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 exceeding 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.