Cookes v. Patriotic Bank of Washington
Supreme Court of Virginia
A fieri facias, sued out of the, circuit court of Stafford, by the appellees against George M. Cooke, having been levied on his property, he together with John Cooke, his surety, gave bond for the forthcoming of the property at the day of sale, in the usual form; which was forfeited.
Read the full summary
A fieri facias, sued out of the, circuit court of Stafford, by the appellees against George M. Cooke, having been levied on his property, he together with John Cooke, his surety, gave bond for the forthcoming of the property at the day of sale, in the usual form; which was forfeited. A notice was given to the true obligors, of a motion to be made for award of execution on the bond: but it was addressed to John M. Cooke (instead of George M. Cooke) and John Cooke; and it described the bond as the bond of John M. Cooke (instead of George M.), and John Cooke. It was objected at the hearing of…
1Opinion of the Court
The only point was the misnomer in the notice, of the principal obligor — John M. instead of George M. Cooke; the effect of which was, that the notice described a different forthcoming bond from that on which the motion was in fact made.
This court held the variance material and fatal, and reversed the judgment of the circiut court.
2Cited by3 opinions
- Board of Education v. ParsonsWest Virginia Supreme Court · 1883
- Shepherd v. BrownWest Virginia Supreme Court · 1887
- Anderson v. PrinceWest Virginia Supreme Court · 1906