McGuire v. Pierce
Supreme Court of Virginia
This was an action of debt on a prison bounds bond, brought by Thomas Pierce, assignee of Benjamin Webb, sheriff of Wood county, against Edward D. and John S. McGuire and their sureties in the bond.
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This was an action of debt on a prison bounds bond, brought by Thomas Pierce, assignee of Benjamin Webb, sheriff of Wood county, against Edward D. and John S. McGuire and their sureties in the bond. The condition of the bond, after reciting that the said McGuires, partners trading under the firm of E. D. & J. S. McGuire, had been taken in execution by the said sheriff under a ca. sa. issued from the. clerk’s office of said county, at the suit of said Pierce, and had taken the benefit of the prison rules, is in the terms prescribed by law: that is, that the said Mc-Guires should not depart and…
1Opinion of the Court
Moncure, J.,
after stating the case, proceeded r
Several errors are assigned by the plaintiffs in errors in the proceedings and judgment, which I will proceed to notice in the order in which they are assigned.
The first is, that “ the court erred in overruling the demurrer to the declaration; because a joint bond cannot by law be taken, as each judgment debtor ought to enter into a separate bond with security.” I can see no reason and know of no authority why joint debtors, against whom judgment has been obtained and execution issued jointly, and who have been jointly arrested and committed to…
2Cases cited1 opinion
- Tillman v. LansingNew York Supreme Court · 1809
3Cited by7 opinions
- Hall v. HallWest Virginia Supreme Court · 1877
- Ragsdale v. HagySupreme Court of Virginia · 1852
- Zimmer v. ThompsonIllinois Supreme Court · 1919
- Field v. BrownSupreme Court of Virginia · 1873
- Paine v. TutwilerSupreme Court of Virginia · 1876
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