Murdock v. Hicks
Supreme Court of Vermont
Debt on recognizance taken on appeal from a judgment of a justice of the peace. Pleas, nul tiel record and accord and satisfaction, and issue joined. Trial by the court, September Term, 1877, Ross, J., presiding. The pleadings appear from the opinion.
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Debt on recognizance taken on appeal from a judgment of a justice of the peace. Pleas, nul tiel record and accord and satisfaction, and issue joined. Trial by the court, September Term, 1877, Ross, J., presiding. The pleadings appear from the opinion. The plaintiff introduced a certified copy of the justice’s record in the suit, plaintiff’s intestate against Hubbard D. Oaks, which was received subject to objection, and from which it appeared that defendant became recognized in $50 for the prosecution of an appeal by the defendant in that suit. Plaintiff’s attorney, sitting at the table with…
1Opinion of the Court
The opinion of the court was delivered by
Dunton, J.
This is an action of debt on recognizance. It is alleged in the declaration that judgment was rendered by a justice of the peace, in a certain suit in favor of Charles P. Murdock, the plaintiff’s intestate, against one Hubbard D. Oaks; that Oaks appealed, and defendant entered into the recognizance in question for the appeal, in due form of law, as surety for Oaks; that the appeal was entered in the County Court, and judgment was rendered therein for the plaintiff in said suit; and that the execution, issued *687on said judgment, was returned…
2Cases cited3 opinions
- Carpenter v. BriggsSupreme Court of Vermont · 1843
- Brackett v. McLeranSupreme Court of Vermont · 1850
- Tufts v. AikenSupreme Court of Vermont · 1841
3Cited by5 opinions
- Clement v. GrahamSupreme Court of Vermont · 1906
- Platt v. ShieldsSupreme Court of Vermont · 1923
- Lathrop v. LevarnSupreme Court of Vermont · 1909
- Darling v. CuttingSupreme Court of Vermont · 1884
- Foy v. Central Vermont R. R.Supreme Court of Vermont · 1893