Legal Opinion

Peyton v. Brooke

Supreme Court of the United States

Decided February 15, 1805PublishedCited by 1 opinion

This case came before the court, upon a bill of exceptions to the opinion of the Circuit Court of the district of Columbia, for the county of Alexandria, upon a motion for execution on a forthcoming bond, taken under the act of assembly of Virginia.

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This case came before the court, upon a bill of exceptions to the opinion of the Circuit Court of the district of Columbia, for the county of Alexandria, upon a motion for execution on a forthcoming bond, taken under the act of assembly of Virginia. Rev. Code, p. 309. The bond, upon which the motion was made, recited a ca. sa. against Peyton, in favor of Brooke, for $525 and 624 pounds of tobacco, at thirteen .shillings and four pence per hundred weight, and marshal’s fees and commissions, and all costs, $19.96, amounting in the whole to $578.82. The execution on which the bond was taken was…

1Opinion of the Court

Marshall, Ch. J.

The court is of opinion, that the act of assembly contemplates the case where the first execution is not returned nor executed;, that is, where it is out and may be served. The clerk is right in adding the costs of the alias ca. sa. The judgment is for costs, generally; which includes all the costs belonging to the suit, whether prior, or subsequent to-the rendition of judgment. If new costs accrue, the judgment opens to receive them.

Judgment affirmed, with costs.

The case of Syme v. Johnson is reported in 3 Call 558.

2Cited by1 opinion

  1. Peyton v. BrookeSupreme Court of the United States · 1805

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