Supreme Court of Vermont February 15, 1838 (Gilson & Wright v. Gay)

The opinion of the Court was delivered by

Williams, Ch, J.

We are to determine, in this case, whether the defendant was entitled to an appeal from the judgment rendered by a justice of the peace, where the recove* ry was over ten dollars. It is contended by the plaintiff, that the judgment having been rendered on a writ of scire fatigas, no appeal could be taken.