Smith & Skillern v. Erwin

Decided December 15, 1833

Tennessee Supreme Court · decided 1833-12-15

Erwin sued Smith in the county court, where a judgment was taken against Smith for the debt and interest. Smith appealed to the circuit court, and Skillern became his security in the appeal bond. The bond recites the judgment, and is conditional that the parties pay the “costs and damages,” and is silent as to the debt.

Decided 1833-12-15

Catron, Ch. J.

¶1delivered the opinion of the court.

¶2In this cause the appeal bond is only for costs and damages, not the debt. The judgment of the circuit court will be reversed; and this court proceeding to give such judgment as the circuit court ought to have given, order judgment to be rendered against Smith for the principal debt, and Skillern for the costs and damages incident to prosecuting the appeal from the county to the circuit court, and Erwin to pay the costs of this court.

¶3Judgment reversed.