Way v. Swift
Supreme Court of Vermont
Debt, upon a recognizance. The plaintiff, in his declaration, alleged, in substance, that ■on the twenty first day of April, 1834, at Manchester, in the county of Bennington, by the consideration of Loring Dean, a justice of the peace within and for said county of Bennington, he recovered a judgment, in a suit then pending before said justice, in his favor and against one James Wakefield for the sum of ten dollars damages and two dollars thirty two cents costs, from which…
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Debt, upon a recognizance. The plaintiff, in his declaration, alleged, in substance, that ■on the twenty first day of April, 1834, at Manchester, in the county of Bennington, by the consideration of Loring Dean, a justice of the peace within and for said county of Bennington, he recovered a judgment, in a suit then pending before said justice, in his favor and against one James Wakefield for the sum of ten dollars damages and two dollars thirty two cents costs, from which judgment the said James appealed to the county court then next to be held at Manchester, within and for said county of…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
— It is objected, in the argument, by the defendant, that the plaintiff’s declaration is insufficient, and we will first consider the objections taken to it. It is said the condition of the recognizance, set forth in the declaration, is variant from the one prescribed by the statute ; but we think not. The condition, as set forth in the declaration, is, “that the appellant should prosecute his appeal to effect and answer and pay all intervening damages and additional costs in the case of failure.” It is true that the statute, after the…
2Cited by4 opinions
- Martin v. Ashland Mill Co.Missouri Court of Appeals · 1892
- White v. HallSupreme Court of Vermont · 1916
- Dashley v. DanielCourt of Appeals for the Ninth Circuit · 1913
- Mitchell v. WoodwardSuperior Court of Delaware · 1897