Waters v. Lemon

This was an action of debt, upon an appeal bond, given in a case where the complainant in chancery appealed from, a decree dissolving an injunction. The court of common pleas of Brown county gave judgment for the amount of the penalty, the plaintiff to have execution for ten dollars and sixty-eight cents, the damages found by the court, and the costs. From this judgment the plaintiff appealed to the Supreme Court, and the case was reserved for decision here. In the case originally appealed, and in which the bond was given, the Supreme Court pronounced no other decree than that the appellant should pay the costs, which amounted to the sum for which the court of common pleas ordered execution to issue. This court decided in the present case as the court of common pleas had decided, so that the appellant did not recover a greater sum here than in the common pleas. The question was as to the judgment to be entered; and the court decided that, under the statute, there must be two judgments, one that the plaintiff recover of the defendant the amount of debt and costs adjudged to him in the common pleas, the other that the defendant recover of the plaintiff the costs upon the appeal, to be taxed in the Supreme Court, and two judgments were entered accordingly.