Cunningham v. Mitchell
Court of Appeals of Virginia
This was an appeal from the Superior Court of Law for Spottsylvania county. The case was this: Two motions were made upon due notice, by Reuben flitche.lt, against Joshua Long and James Cunningham, 'for the sums of $215 73, and $455 91, money which he had paid as surety on two forthcoming bonds executed by Long and Cunningham, and himself as their surety.
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This was an appeal from the Superior Court of Law for Spottsylvania county. The case was this: Two motions were made upon due notice, by Reuben flitche.lt, against Joshua Long and James Cunningham, 'for the sums of $215 73, and $455 91, money which he had paid as surety on two forthcoming bonds executed by Long and Cunningham, and himself as their surety. The clerk certifies, that the plaintiff, in support of his motions, introduced two executions against Long and Cunningham, his appearance bail, and forthcoming bonds in pursuance thereof. These bonds are executed by Long, Cunningham and…
1Opinion of the Court
Judge Green
delivered the opinion of the Court.
In these cases, the defendant in s'upersedeas having given due. notice that he should move for judgments against the plaintiff in supersedeas and Joshua Long, for money paid for them, as their surety, under execution; the defendants in the motions failed to appear, and judgments were given according to the notice. The proofs upon which the judgments were given, do not appear in the records. The plaintiff in supersedeas, having obtained copies of the records, and also, certain papers which the clerk certifies were the evidence upon which the…
2Cases cited1 opinion
- Preston v. Auditor of Public AccountsCourt of Appeals of Virginia · 1798
3Cited by24 opinions
- Sweeney v. BakerWest Virginia Supreme Court · 1878
- Roanoke Land & Improvement Co. v. Karn & HicksonSupreme Court of Virginia · 1885
- Pulliam v. AlerSupreme Court of Virginia · 1859
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Davis v. CommonwealthSupreme Court of Virginia · 1861
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