Allison v. Wilkin
New York Supreme Court
Error from the Orange common pleas. Declaration, debt on bond in the penalty of $104,42. The defendant craves oyer of the condition of the bond, and sets it forth; which, after a recital that a judgment had been rendered before a justice in favor of Wilkin against one Joseph Colwell for $50 damages and costs, that an appeal had been prosecuted thereon, and that Colwell had conformed in all things required by the statute in such cases, is in the usual form required in appeal…
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Error from the Orange common pleas. Declaration, debt on bond in the penalty of $104,42. The defendant craves oyer of the condition of the bond, and sets it forth; which, after a recital that a judgment had been rendered before a justice in favor of Wilkin against one Joseph Colwell for $50 damages and costs, that an appeal had been prosecuted thereon, and that Colwell had conformed in all things required by the statute in such cases, is in the usual form required in appeal bonds. The defendant then pleads non est factum, and a general performance. The plaintiff replies, that the defendant…
1Opinion of the Court
By the Court,
Woodworth, J.
This is a writ of error to the coui;t of common pleas of Orange county. Wilkin declared on a bond alleged to have been executed by Allison, *155in the penalty of $104 42. The defendant craved oyer, setting out the condition only, by which it appeared to have been a bond to prosecute an appeal from a judgment rendered before a justice, in favor of Wilkin against J. Colwell, and avering that Colwell had conformed in all things required by the statute. The condition is in the usual form, but the penalty and signatures not being set out, we are not informed whether Colwell,…
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