Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1858-05-14
ION MUSlCATED.
LAW CRac.

10 the Revised Code Of lSl9, page 500
section lit is enacted, that Every such
appeal shall be tried, in summary way,
without pleading in writing. The Court
trying it, shall hear all the evidence frodu.
ced by either party, whether the same were
produced before the Justice, from whose de-
oision the appeal is taken, or not, and deter
mine it, according to the principles OF Law
aud Equity. Ii the decision be affirmed, eI'
ecutiop SHALL issue against the principal and
his security, Jointly, or separately, Tor tho
amount of the original judgment IncuIiog
interests and costs, with damages Oh the az
gregats, at the rate of teu per centum, from
the date Of that judgment, ill payment, ani
for the costs Of the appeal; and the execution
shall be endorsed, mo security to be taken
u the decision be reversed, the appellant
shall recover bis costs; and such order or
Judgment shall be made or given, As ought
~ have been given by the Justice" Such
is the law upon the subject Of appeals from
Magistrates judgments; and the facts 10 the
case in question, are strictly these. var
ra nted b Tor SIT 50, and obtained judgmeu.
for that amount. b praye aud obtained al
appeal, giving G as security 10 the appeal
bond-shen taken by appeal before the ~
per court, that court reversed tue Mag''
trstes' judgment by reducing it from 81 "
to $40, and catered the following judgHeUt
'Judguent- Justice reversed. aud ylds'
nent against appellant for SO, and Juig
ment against appellee for costs, and gave
judgment against the principal dettor oh,b
without damages or costs, and that the az
pellee, meaning the creditor, should pay the
debtor his Gusts, thereby releasing tie Sstuf-
ty from all demands whatever. The pr,ho-
pal debtor Is q sea captain, and sailed i.'
Europe Immediately after the appeal was
granted. 1t was contended, that this was a
neS case made before tie Court. and 1t G.,
then the Court had no JursSdiction-- rs
Court in the exercise OF Original ymIsdi.'
lion, fors.much as the amount involved
Was under so. 1t must. therefore, have e.
tertained the case in its appellate chdract>r
and 10 90 other-and If s., tuen II Wa 40
affirmation Of the Justices judgment pro
tsnto," and being 50 affirmed, the appellee
was entitled TO q judgment against TIE az
peilant, and has security; the appellee having
substantially succeeded, and 50 the Court
Of Appeals OF Virginia nave repeatedly
ralrd--2 Robinson's Practice, p i5J and
440-l2 Leigh, $50, $50. That the CouE
may take up the case "de noyo'- 'oe
language of the Statute, is not deUiel' e.
far as regards the erideHce, but It would &c
the same case, that originated before the jus.
tice OF the Peace, otherwise the Upper l'Gh
would have had 10 juris fiction, as Aifel'y
ststed-snd according to the decision 10 tt'
case, a JUSTICES judgment # not anrmeI .!
the Upper Court, for the whole aud Ifec'.,
amount given by the Justice, even though .
fall short a penny, releases tie balL 10 w
appeal bond. Ii this is a SOUND cob'''.
ton of the Statute, there is but little dapgs'
to be Appreciated in becoming security u
40 appeal hond, as appeals are much oi'sos'
reversed 10 part, than affirmed 10 H'Os.I
But | apprehend that the expression, III 'o'
decision be reoerSed," mems recerssd IL "''
and not 10 part, and such Is tue Inteip'1.
ton OF the law, 10 some Of the AZ 'In."o
counties. IL il a matter Ut cOnstruc"''
about which learned gebtleu en- may none.
ly differ, and d. d fer, ADD the only FemsT!
lies 10 the amendment Of the la"--N ".
true, grammatical coostruction Thereof u - -.
one here given lie incorrect, as % app ca ~
FROM the Courts decision, founded 90
Magistrates judgment. lNQUihh"