Webb v. Hopkinson
Supreme Court of Vermont
This was a trustee process, commenced before a justice of the peace, by whom judgment was rendered that said Hopkinson was trustee.
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This was a trustee process, commenced before a justice of the peace, by whom judgment was rendered that said Hopkinson was trustee. The justices’ record stated that the judgment was rendered on the first Saturday of April 1837. and that the said David Hopkinson, within two hours after the rendition of said judgment against him, prayed for an appeal to the County Court, and that, on the 10th day of May 1837, the said Hopkinson, as principal, and H. M. Wead, as surety, recognized to the plaintiff in the sum of fifty dollars for the prosecution of said appeal, in due form of law. The appeal was…
1Opinion of the Court
Collamer, I.
The statute of 1835, giving jurisdiction to justices of the peace of actions of this nature, gives to each party the right of appeal and puts that appeal under the same regulations as in other cases. Our statute gives to the party, entitled to appeal from the judgment of a justice, two hours within which to enter his appeal, and requires him to furnish bail by way of recognizance to prosecute i t. That entering bail is a part of the taking of an appeal so as to vacate the judgment, and without which bail the appeal is imperfect and incomplete, was fully, and we think correctly,…
2Cited by1 opinion
- Bass v. GaySupreme Court of Vermont · 1879