1 Tyl. 128
Decided January 15, 1801
Supreme Court of Vermont · decided 1801-01-15
DEBT on recognisance. Attach Simeon Smith to answer to Chalkley James, surviving partner of Roger Hunt, deceased, in a plea, &c. that he the said Simeon to the said Chalkley as surviving partner to the said Roger Hunt, render the sum of 1,400 dollars, which he justly owes, &c. for that whereas the said Simeon, in the life-time of the said Roger, to wit, on the 9th day of February, 1798, in his own proper person appearing before Enoch Woodbridge, Esquire, one of the Judges of…
Decided 1801-01-15
¶1I 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.
¶2But 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.
¶3Curia advisare vult.
¶4At the ensuing term, the Court chancered the bond of recognisance to a sum merely nominal.