
    Chase v. Smith.
    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.
    
      Mr. Z. C. Lee,’ for the 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 CoxjRT overruled the demurrer.  