Mann v. Drewry
Supreme Court of Virginia
Mann brought an action of debt against John Drewry, in the hustings court of Richmond, on a promissory note for 673 dollars, and bail being required on the writ, Martin Drewry became bound as appearance bail for John the defendant.
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Mann brought an action of debt against John Drewry, in the hustings court of Richmond, on a promissory note for 673 dollars, and bail being required on the writ, Martin Drewry became bound as appearance bail for John the defendant. Afterwards, and while the cause was yet at the rules in the hustings court, Mann wrote and delivered to the principal John Drewry, an order to the clerk of the court, directing him to dismiss the suit at Drewry’s costs, which Drewry delivered to the clerk, and agreed in writing'to the dismission of the suit at his costs; and the clerk indorsed on the order that the…
1Dissent
' Care, J.
dissented—He said, This is a hill filed by Martin Drewry, to injoin a judgment which Mann obtained against John Dreiory and Martin as his appearance bail. The bill takes two grounds of relief: 1. that the order to dismiss the suit at law, given by Mann to the clerk, discharged the appearance bail; and 2. that there are set-offs to the full amount of the judgment. The chancellor perpetuated the injunction; he has not told us on which point. If we may conjecture, I should suppose it was that he considered the order of dismission a discharge; for he could hardly have perpetuated the…
2Cases cited1 opinion
- Dickinson v. SizerCourt of Appeals of Virginia · 1826