Edgerton v. Smith
Supreme Court of Vermont
Debt on a recognizance, brought into the county court by appeal from the judgment of a justice of the peace. The facts are stated in the opinion of the court. Upon the entry of the appeal in the county court, the defendant demurred specially on the ground that the court had no appellate jurisdiction. The county court at the March Term, 1862, Peck, J., presiding, pro forma overruled the demurrer, and rendered judgment for the plaintiff, to which the defendant excepted.
1Opinion of the CourtAldis, J.
This is an action of debt on a recognizance. The recognizance was taken before the county clerk, in the sum of two hundred dollars, upon the issuing of a county court writ. It is in the form as expressed in the statute, “ that the plaintiff shall prosecute his writ to effect, and shall answer all damages, if judgi lent be rendered against him.” The plaintiff failed in his suit, and there was a judgment rendered for the present plaintiff, (the then defendant,) for his costs. The costs were assessed by the court at thirty-two dollars and sixty-six cents, and this is a suit brought before a…
2Cases cited4 opinions
- Southwick v. Reuben MerrillSupreme Court of Vermont · 1830
- Parkhurst v. SpaldingSupreme Court of Vermont · 1845
- Clark v. RiceSupreme Court of Vermont · 1834
- Bishop v. WarnerSupreme Court of Vermont · 1849
3Cited by1 opinion
- Kelley v. Town of MoretownSupreme Court of Vermont · 1899