O'Neale v. Long
Supreme Court of the United States
Error to the Circuit Court of the district of Columbia, sitting in Washington, in an action of debt upon four joint and several bonds, signed and sealed by Mary Sweeny, as principal, and William O’Neale, I. T. Frost and Lund Washington, as sureties, conditioned that she should prosecute her appeal upon four several judgments rendered against her by a justice of peace, in Maryland.
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Error to the Circuit Court of the district of Columbia, sitting in Washington, in an action of debt upon four joint and several bonds, signed and sealed by Mary Sweeny, as principal, and William O’Neale, I. T. Frost and Lund Washington, as sureties, conditioned that she should prosecute her appeal upon four several judgments rendered against her by a justice of peace, in Maryland. William O’Neale, the defendant below, pleaded non est factum, and upon the trial of that issue, took a bill of exceptions, because the court below (two judges only being present, and divided in opinion) did not, at…
1Opinion of the Court
Marshall, Ch. J.,
delivered the opinion of the court, that there was error in this, that the court below did not instruct the jury as prayed by the defendant. He observed, that the judges did not all agree upon the same grounds, some being of opinion, that the bonds were void, by reason of the interlineation, and others, that they were vacated by the rejection of them by the magistrate, and could not be set up again, without a new delivery.
Judgment reversed, with costs.
2Cited by14 opinions
- State ex rel. McCarty v. PepperIndiana Supreme Court · 1869
- Tucker v. StewartSupreme Court of Iowa · 1903
- Anderson v. Bellenger & RallsSupreme Court of Alabama · 1888
- Yeager v. MusgraveWest Virginia Supreme Court · 1886
- State v. HascallSuperior Court of New Hampshire · 1833
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