Brooke v. Roane & Co.
Court of Appeals of Virginia
This was an appeal from a judgment of the District .Court of King and Queen, upon a forthcoming bond. The judgment was for 206/. 10s. 2d. and costs, but to be discharged by payment of 103/. 5s. Id. with interest, to be computed after the rate of 6 per cent, per annum, from the 18th day of July, 1797, till payment, and the costs.
1Opinion of the Court
PER C UR.
The judgment is erroneous in this: that “to discharged by the payment the sum due on the forthcoming bond, in the proceedings mentioned, with interest thereon at six per cent, instead of fare per cent, per annum; the Court considering the said bond not as a new contract, (in which the concurrence of both parties is necessary,), but as a measure legally imposed on the credi*178tor in Lis pursuit of his execution of the former judgment, which bore an interest of five per cent, only; and which alone the Sheriff could have raised, if the condition of the bond had been complied with, and he…
2Cited by5 opinions
- Bent v. PattenSupreme Court of Virginia · 1821
- Bent v. PattenSupreme Court of Virginia · 1821
- Ward v. ChurnSupreme Court of Virginia · 1868
- Ward v. ChurnSupreme Court of Virginia · 1868
- Ward v. ChurnSupreme Court of Virginia · 1868