Stevens v. Briggs
Supreme Court of Vermont
Scire Facias on a recognizance, entered into by the defendant- upon the granting of an appeal from a judgment rendered by a justice of the peace, in favor of the plaintiff against one Harvey Talcott, to the county court, held at Burlington, within and for the county of Chittenden.
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Scire Facias on a recognizance, entered into by the defendant- upon the granting of an appeal from a judgment rendered by a justice of the peace, in favor of the plaintiff against one Harvey Talcott, to the county court, held at Burlington, within and for the county of Chittenden. The condition of the recognizance was as follows : ‘If the said ‘ Harvey Talcott shall prosecute his said appeal to effect, and ‘pay all intervening damages, occasioned to the said George ‘ N. by his being delayed, with additional costs, in case said ‘judgment be affirmed, then'this recognizance to be void, ‘…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
It was decided in the case of Atkinson v. Thornton, 1 Camp. 559, note, c that if after action ‘ brought, the money sought to be recovered is paid without * a rule of court, the plaintiff must have a verdict.’ In the case of Horsburgh v. Orme, same page, where the defendant had paid the debt, but not the cost, the plaintiff had a verdict with nominal damages. A similar decision was made in the case of Goddard & another v. Benjamin, 3 Camp. 331, where the payment was made the same day the action was commenced and a receipt given. As it…
2Cited by4 opinions
- Ayer v. AshmeadSupreme Court of Connecticut · 1863
- Jameson v. BarberWisconsin Supreme Court · 1883
- George A. Fernald & Co. v. ManleySupreme Court of Vermont · 1926
- Starkey v. WaiteSupreme Court of Vermont · 1896