Campbell v. Howard
Massachusetts Supreme Judicial Court
This was an action of debt, in which the plaintiff declares on a judgment of the Court of Common Pleas for this county, rendered in his favor against the defenuant for the sum of 34 dollars, 13 cents, costs; which judgment he avers to be in full force, and not reversed, annulled or satisfied. The defendant prayed oyer of the judgment declared on, the record of which comports with the declaration, as far as it was therein described.
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This was an action of debt, in which the plaintiff declares on a judgment of the Court of Common Pleas for this county, rendered in his favor against the defenuant for the sum of 34 dollars, 13 cents, costs; which judgment he avers to be in full force, and not reversed, annulled or satisfied. The defendant prayed oyer of the judgment declared on, the record of which comports with the declaration, as far as it was therein described. But it further appears that the plaintiff’s demand in the original action did not exceed 50 dollars, and that from the judgment rendered for the original…
1Opinion of the CourtParsons, C. J.
The sufficiency of this declaration must depend on the construction of the statutes of 1782, c. 11., and 1803, c. 154. By the second section of the former statute, any party aggrieved at the judgment of the Common Pleas may appeal to this Court; but before his appeal be allowed, he shall recognize with sureties to the other party, to prosecute his appeal with effect, and to pay all intervening damages and costs; and no execution shall be issued by the Common Pleas on the judgment appealed from. By the third section, the appellant is to produce to this Court a copy of the case; and if he…
2Cited by34 opinions
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- Tyler v. SheaNorth Dakota Supreme Court · 1894
- Bank of North America v. WheelerSupreme Court of Connecticut · 1859
- Thomas Gemmell, Inc. v. Svea Fire & Life InsuranceSupreme Court of Virginia · 1936
- State v. . GoffSupreme Court of North Carolina · 1934
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