Cheney v. McLellan
Supreme Court of Vermont
This was a motion to dismiss an appeal from a justice of the peace, on the ground that the defendant, who was the appellant, never gave security by way of recognizance to the adverse party, for his appeal, &c.
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This was a motion to dismiss an appeal from a justice of the peace, on the ground that the defendant, who was the appellant, never gave security by way of recognizance to the adverse party, for his appeal, &c. The justice’s record shows that the appellant asked for the appeal, and in respect to the recognizance is as follows : “ The appeal is granted, and John McLellan as principal and $50 cash deposited with the court to respond as surety, recognized to the plaintiff in the sum of fifty dollars to insure costs of prosecution.” The county court at the June term, 1870, Steele, J., presiding,…
1Opinion of the Court
The opinion of the court was delivered by
Wheeler, J.
The statute, chapter 31, section 66, of the General Statutes, provides, that upon an appeal from the decision of a justice in civil causes the party appealing shall at the time of the appeal give security by way of. recognizance to the adverse party for the prosecution of the appeal to effect and the payment of intervening damages. The liability of the appealing party for the costs and damages occasioned by the appeal would be as great and could be enforced against him to an equal extent, and to as effective a purpose, without his…
2Cited by1 opinion
- Levin v. PeckSupreme Court of Vermont · 1915