Opinion
January Term, 1813.
From Surry.
A judgment given by a justice of the peace, or other inferior tribunal, from which an appeal hath been prayed and granted, remains no longer a judgment, and cannot be sued on as such.
THIS was an action of debt founded on two judgments recovered before a justice of the peace, from which the defendant had appealed to the County Court, and given security as the act of Assembly directs for prosecuting the appeals; but the appeals had not been returned to the County Court. On the trial the court nonsuited the plaintiff, and he appealed.
The question is whether two judgments rendered by a justice of the peace really had that character at the time this action was commenced. The law given to every person the right of appealing from the judgment of a justice, upon praying it and giving security. This was done in the (228) case of these two judgments, and from that moment they ceased to be judgments. After an appeal the case goes to the County Court, where there is a new trial and a new judgment given; and it is the duty of the justice to transmit it to the County Court for that purpose. The laws cited of suits brought on judgments, after writs of error obtained, do not apply. The case is too plain for a doubt. The rule for setting aside the nonsuit must be discharged.