Beale v. Wilson
Supreme Court of Virginia
A motion was made, m the Sweet Springs District Court, ^ Charles Beale, aeainst William. Wilson, John Cartmill, and Nathaniel Bakin, on a forthcoming bond. “ For reasons appearing to the court,” it was ordered that said bond be quashed. No bill of exceptions was filed : but the clerk inserted in the transcript of the record a forthcoming bond, on the back thereof notice was acknowledged, in writing, by William Wilson and.
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A motion was made, m the Sweet Springs District Court, ^ Charles Beale, aeainst William. Wilson, John Cartmill, and Nathaniel Bakin, on a forthcoming bond. “ For reasons appearing to the court,” it was ordered that said bond be quashed. No bill of exceptions was filed : but the clerk inserted in the transcript of the record a forthcoming bond, on the back thereof notice was acknowledged, in writing, by William Wilson and. John Cartmill, and a notice, with affidavit of its service upon Nathaniel F.akin ; without certifying that the motion was made upon that bond and notice. The plaintiff…
1Opinion of the Court
The president pronounced the courts opinion.
The court is of opinion, that, under the authority of the case of Bartley & Ferguson v. Yates, (2 H. & M. 398,) and on general principles, the bond in the record is a sufficient bond under the act of assembly. /The judgment of the District Court is therefore reversed ; but there being no bill of exceptions making the notice, stated in the record, a part thereof; and it not appearing by the judgment of the District Court, that the appellees had notice of the motion, or appeared in the court below, the cause is to be sent back to the Superior Court of…
2Cited by13 opinions
- Barnsdall v. BoleyU.S. Circuit Court for the District of Northern West Virginia · 1902
- Beery v. Homan'sSupreme Court of Virginia · 1851
- Ayres v. LewellinSupreme Court of Virginia · 1832
- Eubank v. Ralls's ex'orSupreme Court of Virginia · 1833
- Goolsby v. StrotherSupreme Court of Virginia · 1871
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