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2 Tyl. 397

Abijah v. Meachum

Supreme Court of Vermont

Decided February 15, 1803

Supreme Court of Vermont · decided 1803-02-15

In this cause, at the Court below, the Jury found .all the defendants guilty. Isaac Meachum alone appealed ; and when the cause was called in order, the other two defendants proceeded to plead by their attorneys. objected, and insisted, that Jonathan Meachum and Crammer were not in Court; that by neglecting to appeal they had submitted to the verdict in the Freehold Court, with which they must rest satisfied.

Decided 1803-02-15

¶1Opinion of the Court.

Curia.

¶2When two or more are made defendants under the processes provided in the act against forcible entry and detainer, and all are found guilty, and one appeals, it will be considered by the Court that he appeals for the others.

¶3The defendants have leave to file their pleas.*

¶4 Might not the Court have ruled, that the defendants, non appellantibus, should have entered bail for costs, &c. before they were admitted to plead ?

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