
    Case No. 2,629.
    CHASE v. SMITH.
    [4 Cranch, C. C. 90.]
    
    Circuit Court, District of Columbia.
    May Term, 1830.
    Action- on Unauthouized Appeal Bond.
    Although an appeal will not lie to the judgment of a justice of the peace upon a verdict of a jury, yet, if the defendant does, in fact, appeal and give an appeal-bond, the plaintiff may maintain an action upon that bond.
    Debt on an appeal-bond given upon an appeal from the judgment of a justice of the peace, upon the verdict of a jury. The declaration set forth the condition of the bond, which was in the usual form, except that it stated that the judgment was rendered upon the verdict of a jury before the justice. The breach assigned was the not prosecuting the appeal with effect; and not satisfying the judgment of the justice.
    Z. C. Lee, for defendant,
    demurred to the declaration, without oyer of the bond; contending, that inasmuch as the condition of the bond, set out in the declaration, showed that the judgment was upon a verdict before the justice of the peace; and as this court, upon the appeal in the same case, decided that this court had not jurisdiction by appeal where the judgment of the justice was upon a verdict, the bond was void.
   But

THE COUKT

overruled the demurrer.  