Roger v. Davis
Supreme Court of Vermont
IN ERROR. THE action below was an action of debt, upon a recognizance entered into by the defendants in the sum of $100, in due form of law, for the prosecution. of an appeal to the county court, from the judgment of a justice of the peace in favour of the plaintiffs against the said Davis. The declaration alleged that the judgment of the justice was affirmed in the county court, &fc.
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IN ERROR. THE action below was an action of debt, upon a recognizance entered into by the defendants in the sum of $100, in due form of law, for the prosecution. of an appeal to the county court, from the judgment of a justice of the peace in favour of the plaintiffs against the said Davis. The declaration alleged that the judgment of the justice was affirmed in the county court, &fc. That Davis had sufficient personal property at the time of the appeal, but had none when final judgment was rendered by said county court. This action having been brought by appeal from a justice of the peace to…
1Opinion of the CourtHotghinsoh, J.
After noticing the facts as above stated, he said, the defendants now contend, that by the recovery of the said judgment, upon the said first judgment of the county court, thatj^rsi judg-* ment of the county court is merged and gone. The authorities cited, to wit, from the 6th and 7th of Johns. R. come short of supporting this position. They merely show, that,when a creditor obtains judgment against his principal debtor, and also against the bail for appearance of such debtor, and imprisons the body of one, he has no right afterwards to imprison the other. It will be seen, that in such a…
2Cited by5 opinions
- Hogaboom v. HerrickSupreme Court of Vermont · 1832
- Levin v. PeckSupreme Court of Vermont · 1915
- Sheeran v. SparhawkSupreme Court of Vermont · 1896
- State Treasurer v. KelseySupreme Court of Vermont · 1832
- Cornell v. BarnesNew York Supreme Court · 1844