Brackett v. McLeran
Supreme Court of Vermont
Scire Facias upon a recognizance for an appeal. The declaration set forth the condition of the recognizance in the words of the statute. Plea, nul tiel record. Trial by the court, June Term, 1850. Poland, J., presiding.
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Scire Facias upon a recognizance for an appeal. The declaration set forth the condition of the recognizance in the words of the statute. Plea, nul tiel record. Trial by the court, June Term, 1850. Poland, J., presiding. On trial the plaintiff gave in evidence the justice’s record of the suit in which the appeal was taken, and the record of the recognizance, — which was in these words, — “And the defendants, as principals, and Miles Shorey, as surety, recognized to the plaintiff in the sum of twenty dollars for the prosecution of their said appeal in due form of law.” The plaintiff also gave…
1Opinion of the Court
*91The opinion of the court was delivered by
Bennett, J.
There is one ground, upon which we think, the finding of the county court cannot be sustained; and we shall not take time to consider any of the other objections, which have been made to their decision. All that the record given in evidence shows, is the usual minute, made by the justice upon allowing the appeal. This, no doubt, was sufficient to enable the justice to make out a recognizance in due form; but we cannot regard the' minute as such record, as is declared upon.
The minute is, the defendants in this action “ recognized to the…
2Cited by2 opinions
- Murdock v. HicksSupreme Court of Vermont · 1878
- Darling v. CuttingSupreme Court of Vermont · 1884