Robbins v. Appleby
Superior Court of New Hampshire
The jurisdiction of the superior court to affirm, judgments of inferior courts, from which an appeal has been claimed,but not prosecuted.is confined to cases where an appeal has been lawfully claimed. This was a complaint filed by Robbins vs. Appleby, for not entering in this court an appeal claimed by the latter from a judgment of the court of common pleas in this county, rendered at Sept, term, 1819, in favor of Robbins, for $30 debt or damages, and % costs of suit.
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The jurisdiction of the superior court to affirm, judgments of inferior courts, from which an appeal has been claimed,but not prosecuted.is confined to cases where an appeal has been lawfully claimed. This was a complaint filed by Robbins vs. Appleby, for not entering in this court an appeal claimed by the latter from a judgment of the court of common pleas in this county, rendered at Sept, term, 1819, in favor of Robbins, for $30 debt or damages, and % costs of suit. The action in which the judgment was rendered, was commenced in February, 1817, and the sum demanded in damages was $30, and…
1Opinion of the CourtRichardson, C. J.
The statute of June 27,1816,(1) declares, “ that the several and respective courts of common pleas as “ by this act established shall have final and conclusive juris- “ diction of all pleas and actions wherein the sum demanded “ in damages shall not exceed fifty dollars, except that in “ which the title of real estate is drawn in question, so that “ no appeal shall be granted in such personal actions as afore- “ said, unless the plaintiff’s demand shall exceed the sum of “ fifty dollars.” It is very clear in this case that no appeal was allowed by law from the judgment of the court below. The…
2Cases cited1 opinion
- Green v. GillMassachusetts Supreme Judicial Court · 1809
3Cited by2 opinions
- Whittier v. VarneySuperior Court of New Hampshire · 1839
- Blake v. WhiteSuperior Court of New Hampshire · 1842