Bogle, Somerville, & Co. v. Vowles
Court of Appeals of Virginia
This was a motion for a writ of supersedeas to a judgment of the District Court of Fredericksburg. The petition stated; that William Hewett in his life-time, was indebted to the petitioners for transactions on the 22d June, 1776. This debt was afterwards, to wit: On the 11th day of April, 1777, carried into a specialty, the penalty of which was 400/. and the condition was for payment of 200/. on the first day of August, 1780, with legal interest thereon, from the first day…
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This was a motion for a writ of supersedeas to a judgment of the District Court of Fredericksburg. The petition stated; that William Hewett in his life-time, was indebted to the petitioners for transactions on the 22d June, 1776. This debt was afterwards, to wit: On the 11th day of April, 1777, carried into a specialty, the penalty of which was 400/. and the condition was for payment of 200/. on the first day of August, 1780, with legal interest thereon, from the first day of Augus t, 1778. That Hewett died, and his property was put into the hands of the defendant Vowles, as Sheriff of the…
1Opinion of the Court
PENDLETON, President,
delivered the resolution of the Court to the following effect:
The circumstances to be enquired' into, under the last clause in the act of Assembly, in order to overrule the legal scale, must be such as arise in the contract sued on, shewing tbe parties, at that time, contracted on the idea of no depreciation, or one different from the legal scale.
In the case of bonds, the circumstances, if admitted at all, must be very strong to induce a departure. Pleasants v. Bibb, 1 Wash. 8, had a strong appearance on the bond itself of a prior contract not changed; and, this confirmed…
2Cited by12 opinions
- Dearing's Adm'x v. RuckerSupreme Court of Virginia · 1868
- Hayworth v. WorthingtonIndiana Supreme Court · 1840
- Dearing's Adm'x v. RuckerSupreme Court of Virginia · 1868
- Dearing's Adm'x v. RuckerSupreme Court of Virginia · 1868
- Meredith v. SalmonSupreme Court of Virginia · 1872
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