Jordan v. McKenney

45 Me. 306

Opinion

The opinion of the Court was drawn up by

Davis, J.

The condition of the recognizance required in case of an appeal from the judgment of a justice of the peace, was, by the statute of 1821, to pay all intervening damages and costs; by the statute of 1841, to pay the costs only.

The recognizance in this case, was taken under the statute of 1841; and the condition was “to pay all intervening damages and costs.” This, not being such a recognizance as the statute required, was void. The magistrate had no right to require it; as it was void, it furnished no security to the adverse party; and the appeal was improperly allowed. French v. Snell, 37 Maine, 100. The exceptions are sustained; the verdict must be set aside, and the appeal dismissed.

Tenney, O. J., Hathaway, Cutting, and May, J. J., concurred.