Surry County, NC - Aaron Marshall v. Jesse Lester, 1813

                           From Surry

A judgment given by a justice of the peace, or other inferior tribunal,
from which an appeal hath been prayed and granted, remains no longer a
judgment, and cannot be sued on as such.

This was an action of debt founded on two judgments recovered before a
justice of the peace, from which the defendant had appealed to the
County Court, and given security as the act of Assembly directs for
prosecuting the appeals; but the appeals had not been returned to the
County Court. On the trial the court nonsuited the plaintiff, and he
appealed.

Hall, J. The question is whether two judgments rendered by a justice of
the peace really had that character at the time this action was commenced.
The law gives to every person the right of appealing from the judgment
of a justice, upon praying it and giving security. This was done in the
case of these two judgments. After an appeal the case goes to the County
Court, where there is a new trail and a new judgment given; and it is
the duty of the justice to transmit it to the County Court for that purpose.
The laws cited of suits brought on judgments, after writs of error obtained,
do not apply. The case is too plain for a doubt. The rule for setting aside 
the nonsuit must be discharged.


Source:
NC Reports
January Term, 1813
NC Supreme Court
Pg 161

______________________________________________________________________

Copyright. All rights reserved.
http://www.usgwarchives.net/copyright.htm

This file was contributed for use in the USGenWeb Archives by
Guy Potts - gpotts1@nc.rr.com
______________________________________________________________________