Armistead v. Ward
Court of Appeals of Virginia
On the 19th of June', 1838, Thomas A. H. Evans executed his bond to George W. E. Smith for one thousand dollars, payable twelve months after date, with interest from the date, with John C. Armistead, Robert L. Armistead, Bushrod Rust and William Rust *as his sureties. George W. P. Smith assigned this bond to Charles B. Smith, who assigned it to the defendant Berkeley Ward.
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On the 19th of June', 1838, Thomas A. H. Evans executed his bond to George W. E. Smith for one thousand dollars, payable twelve months after date, with interest from the date, with John C. Armistead, Robert L. Armistead, Bushrod Rust and William Rust *as his sureties. George W. P. Smith assigned this bond to Charles B. Smith, who assigned it to the defendant Berkeley Ward. Shortly after this bond became due, to wit: in June, 1839, Evans being unable to pay it, called upon Ward, stated to him that he had been disappointed in obtaining a decree in a suit then pending in Eauquier Circuit Court,…
1Opinion of the CourtThompson, J.
An exception was indorsed by the counsel of Ward, in the court below, on the deposition of Tho. A. H. Evans, the principal debtor, taken by the plaintiffs, “because the witness is incompetent, and for other reasons ^apparent on the face of the deposition.” I suppose we must interpret the exception as objecting to his competency on the score of interest. We are not informed by the record, whether the court sustained or overruled the exception ; nor can we infer from the decree rendered, whether the deposition was read and considered by the court in pronouncing its decision, or whether it was…
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