James v. Smith

Supreme Court of Vermont
James v. Smith, 1 Tyl. 128 (Vt. 1801)
Jvoodbridge

James v. Smith

Opinion of the Court

JVoodbridge, Chief Judge.

I have generally erased intervening damages, when a recognisance has been presented, to me for signature, as I would have the conditions of the recognisance to rest entirely on the statute.

But this recognisance is said to be predicated on the common law practice, If this be true, it is *136clear that the bond can never be chancered below the judgment debt.

Cephas Smith, for plaintiff. Chauncey Langdon, for defendant.

Curia advisare vult.

At the ensuing term, the Court chancered the bond of recognisance to a sum merely nominal.

Reference

Full Case Name
Chalkley James, against Simeon Smith
Status
Published