Beazley's Adm'r v. Sims' Adm'r
Supreme Court of Virginia
Error to judgment of circuit court of Greene county, rendered June term, 1883, in an action of debt on a joint bond in the name of James Sims’ Executor against P. H. Miller and Wyatt S. Beazley. The latter died pending the action, and it was revived and proceeded in against his administrator, James G. Field, who, the judgment being against him, obtained a writ of error and supersedeas to this court.
1Opinion of the CourtLacy, J.
James Sims, on the 13th of August, 1866, instituted in the circuit court of Greene county an action of debt on a bond against P. H. Miller and W. S. Beazley, the obligors therein. On the same day P. H. Miller confessed judgment on the bond, which was duly entered in the clerk’s office with appended statement of the balance due, and which became final in due course in the mode prescribed by law.
In September, 1879, James Sims having in the meantime died, his administrator, J. B. Davis, instituted a second action of debt on the said writing obligatory against the said P. H. Miller and W. S.…
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