Legal Opinion

Richardson v. Hitchcock

Supreme Court of Vermont

Decided April 15, 1856PublishedCited by 5 opinions

Scire eacias upon a recognizance for an appeal, by one Jacob Stebbins, from a judgment recovered before a justice in favor of the plaintiff. The defendant pleaded a tender of the additional costs, and that there were no intervening damages beyond; trial-by jury, December Term, 1855, — Poland, J., presiding.

Read the full summary

Scire eacias upon a recognizance for an appeal, by one Jacob Stebbins, from a judgment recovered before a justice in favor of the plaintiff. The defendant pleaded a tender of the additional costs, and that there were no intervening damages beyond; trial-by jury, December Term, 1855, — Poland, J., presiding. It appeared that the plaintiff recovered a judgment before a justice of the peace, against the said Stebbins, for $52.14 damages, and $2.14 costs, on the 13th of May, 1850, from which judgment the said Stebbins appealed; and that the plaintiff recovered a judgment against him in the county…

1Opinion of the Court

The opinion of the court was delivered by

Bennett, J.

The defense of the action is put upon the ground of a tender of the additional costs occasioned by the appeal, and a denial of there being any intervening damages.

We think the deposition of John It. Smith was admissible, so far as it was received by the county court. That part of it included in brackets, and going to show the declaration of Jacob Stebbins to the deponent, in regard to the amount of his property, was excluded by the court below. But the fact that Stebbins gave in his list, for 1850, for property to the amount of some six…

2Cases cited2 opinions

  1. Hard v. BrownSupreme Court of Vermont · 1846
  2. McGregor v. BalchSupreme Court of Vermont · 1845

3Cited by5 opinions

  1. Mapes v. FosterWyoming Supreme Court · 1928
  2. State ex rel. Tanner v. WarrickNebraska Supreme Court · 1921
  3. Mears v. DanielsSupreme Court of Vermont · 1911
  4. Larkin v. HapgoodSupreme Court of Vermont · 1884
  5. Jangraw v. PerkinsSupreme Court of Vermont · 1906

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API