Peake v. Keyes
Supreme Court of Vermont
This was an action of debt on a bond of recognisance made and entered into by the defendant in case of an appeal from a judgement rendered by a justice ©f the peace in an action in favor of the ’plaintiff against one Danforth Ainsworth.
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This was an action of debt on a bond of recognisance made and entered into by the defendant in case of an appeal from a judgement rendered by a justice ©f the peace in an action in favor of the ’plaintiff against one Danforth Ainsworth. The condition of the recognisance was, “ that if said Ainsworth should prosecute his appeal to effect, and answer and pay all intervening damages occasioned to the plaintiff by his being delayed, with additional costs, in case judgement should be affirmed, then the said recognisance to be void ; otherwise of force.” The declaration stated that after the appeal…
1Opinion of the Court
After argument,
Prentiss, Ch. J.,
delivered the opinion of the Court. — *-The condition of the recognizance declared upon,is, that Ainsworth,who was defendant and appellant in the original action, should prosecute his appeal to effect, and answer and pay all intervening damages, occasioned to the plaintiff by his being delayed, with additional costs, in case judgement should be affirmed. It appears from the pleadings that Ainsworth entered the action in the ap-pelate court, and having died while it was pending there, and his estate being represented insolvent, the action was discontinued. The…
2Cases cited1 opinion
- Jenney v. JenneyMassachusetts Supreme Judicial Court · 1817
3Cited by1 opinion
- Mott v. HazenSupreme Court of Vermont · 1855